Washington v. Thomas
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, New York County. Action by C. S. Washington against Orlando F. Thomas and another. From an order denying a motion by defendant Thomas to change the place of trial, he appeals. Reversed.
1Opinion of the CourtMcLAUGHLIN, J.
This action is brought upon a judgment alleged to have been recovered by the plaintiff, a nonresident of this state, against the defendants in the state of Florida. Service of the summons and complaint was only made on the defendant Thomas, who, before the expiration of the time to answer, interposed a demurrer to the complaint, and at the same time made a written demand that the place of trial be changed from the county of New York to the county of Wayne, the proper county. The plaintiff not having consented to such change within the time provided by statute (section 986 of the Code of Civil…
2Cases cited2 opinions
- Cincinnati, H. & D. R. Co. v. IvesNew York Supreme Court · 1889
- Bischoff v. BischoffAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by2 opinions
- Knight & Wall Co. v. ThomasAppellate Division of the Supreme Court of the State of New York · 1905
- Virden v. ThomasAppellate Division of the Supreme Court of the State of New York · 1905