Herbert v. Griffith
Appellate Division of the Supreme Court of the State of New York
- Appeal by the defendant, Effie J. Griffith, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 31st day of May, 1895, denying the defendant’s motion to change the place of trial from .the county of He'w York to the county of Albany for the convenience of witnesses.
1Opinion of the Court
Rumsey, J.:
The action was brought for malicious prosecution, the place of trial named in the summons being the county óf Hew York, in which county it appears that the plaintiff resided. After answer the defendant moved to change the place of trial to the county of Albany. Hpon the argument the affidavits of the defendant only were read and no papers were presented on the part of tlie plaintiff. The court denied the motion to change the place of trial to the county of Albany, but with leave to the defendant upon new motion papers to move to change the place of trial to the county of…
2Cited by5 opinions
- Mills & Gibb (Inc.) v. StarinAppellate Division of the Supreme Court of the State of New York · 1907
- Weber v. LaceyAppellate Division of the Supreme Court of the State of New York · 1953
- Culver v. Union National Bank of TroyAppellate Division of the Supreme Court of the State of New York · 1925
- Hausmann v. MooreAppellate Division of the Supreme Court of the State of New York · 1896
- Spencer Kellogg & Sons, Inc. v. Barber & Co.New York Supreme Court · 1919