Johnson v. Papen

The defendant moved to change the place of trial from Saratoga to Albany county for the convenience of witnesses under subdivision 3 of section 187 of the Civil Practice Act. The Special Term announced that it denied the motion, stating that the cause of action arose in Saratoga county; that the parties reside in Albany county, and that instead of moving under rule 146 of the Rules of Civil Practice for a change to the proper county (citing Civ. Prac. Act, § 182), the defendant urges as the ground for change, the convenience of witnesses. But before an order was entered, by consent of…