Ferrin v. Huxley
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Frederick B. Huxley, 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 29th day of February, 1904, changing the place of trial of the action from the county of Hew York to the county of Westchester.
1Opinion of the Court
O’Brien, J.:
The venue was laid in New York county, and it is conceded that the plaintiff resides in the county of Westchester and the defendant in the county of Wayne. Upon the ground that the plaintiff had brought the action in the wrong county, the defendant moved to change the place of trial to Wayne county, and the court granted the motion, so far as to order a change of venue, but directed that the trial should be had in Westchester county.
The precise question upon this appeal was directly involved and passed upon in the case of Loretz v. Met. St. R. Co. (34 App. Div. 1), and it was…
2Cases cited1 opinion
- Loretz v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
3Cited by3 opinions
- Levey v. PayneAppellate Division of the Supreme Court of the State of New York · 1922
- Prince v. WeilandAppellate Terms of the Supreme Court of New York · 1924
- Up to Date Fur Dressing Co. v. GoodmanAppellate Division of the Supreme Court of the State of New York · 1921