Rossie Iron-Works v. Westbrook
New York Supreme Court
Appeal from special term, Yew York county. Action by Rossie Iron-Works against Charles S. Westbrook. The defendant moved for a-change of the place of trial, on the ground of the non-residence of either party in the county where the action was begun, and from an order denying his motion he appeals. Code Civil Proc.
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Appeal from special term, Yew York county. Action by Rossie Iron-Works against Charles S. Westbrook. The defendant moved for a-change of the place of trial, on the ground of the non-residence of either party in the county where the action was begun, and from an order denying his motion he appeals. Code Civil Proc. Y. Y. § 984, provides: “An action, not specified in the last two sections, must be tried in the county in which one of the parties resided at the commencement thereof. ” Section 985 provides: “If the county designated in the complaint as the place of trial is not the proper county,…
1Opinion of the CourtVan Brunt, P. J.
This action was begun by the service of a summons and complaint on the 7th of August, 1890. Within the time limited, a notice of appearance, and a notice of demand to change the place of trial, was served upon plaintiff’s attorney. The defendant was a resident of St. Lawrence county, and the certificate of incorporation of the plaintiff was filed in said county, and in said certificate the name of the town and county in which the principal business of the company was to be carried on was stated to be the town of Rossie and county of St. Lawrence. It appeared that the land, furnaces, and mines…
2Cited by15 opinions
- Poland v. United Traction Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Dairymen's League Co-Operative Ass'n v. BrundoNew York Supreme Court · 1927
- State Ex Rel. Willamette National Lumber Co. v. Circuit CourtOregon Supreme Court · 1949
- Moorman v. Louisville Trust Co.Court of Appeals of Kentucky · 1918
- Remington & Sherman Co. v. Niagara County National BankAppellate Division of the Supreme Court of the State of New York · 1900
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