Thurfjell v. Witherbee
New York Supreme Court
Appeal from special term, Hew York county. Action by John Thurfjell against Frank S. Witherbee, Walter O Witherbee, George D. Sherman, and George R. Sherman. From an order denying defendants’ motion, made pursuant to Code Civil Proc. § 269, to remove the action from the court of common pleas into this court, and change the place of trial from the city and county of Hew York to the county of Essex, defendants appeal.
1Per curiam
This motion is founded and resisted on great expectations. Fifteen persons are named in the moving papers as necessary and material witnesses for the defendants on the trial of this action. Then follow statements of facts which defendants expect to prove by 13 of the persons named, but there is no statement that defendants can prove any of the facts by any of the persons mentioned. The statement in respect to all of the witnesses is:
“That your petitioners expect to prove the following facts by said witnesses, to wit: * * * By Gilbert Barnaby and Peter Carlson, and each of them, that they were…
2Cited by7 opinions
- Lyman v. Gramercy ClubAppellate Division of the Supreme Court of the State of New York · 1898
- Dairymen's League Co-Operative Ass'n v. BrundoNew York Supreme Court · 1927
- Bushnell v. DurantNew York Supreme Court · 1894
- Tuska v. WoodNew York Supreme Court · 1894
- Imgard v. DuffyNew York Supreme Court · 1893
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