Chappell v. Chappell
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles L. Chappell, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Miagara on the 13th day of January, 1908, granting the defendant’s motion for a change of venue from the county of Miagara to the county of Schenectady.
1Dissent
McLennan, P. J. (dissenting):
This is an appeal from an order granting defendant’s motion to change the venue of this action from Miagara to Schenectady county, made solely upon the ground that a determination affecting the title to real property situate in Sphenectady county is involved within the meaning of section 982 of the Code of Civil Procedure.
If any cause of action is stated in the complaint it is for the dissolution of an alleged copartnership and for an accounting. Mo other relief is demanded and only such facts are alleged as are assumed to be pertinent to that issue. Certainly a…
2Cases cited2 opinions
- Hogg v. MackNew York Supreme Court · 1889
- Simpson v. SimpsonAppellate Division of the Supreme Court of the State of New York · 1899