Fisher v. Bullock

When this case was before this court on the former appeal (204 App. Div. 523) the record disclosed that the case had been placed upon the preferred calendar of Erie county for trial and the case was disposed of here upon the record before the court. , The statements in the opinion of this court were made in reference to the record as it then existed. The learned Special Term has misapprehended the scope of the decision made on the former appeal. That decision was not intended to interfere with the authority of the Special Term to grant a change of the place of trial if the facts disclosed…