Penniman v. Fuller & Warren Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made January 15, 1892, which affirmed an order of Special Term denying a motion to change the place of trial. The facts, so far as material, are stated in the opinion. The defendant’s right to have the place of trial changed when the wrong county is designated in the complaint, is an absolute right.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made January 15, 1892, which affirmed an order of Special Term denying a motion to change the place of trial. The facts, so far as material, are stated in the opinion. The defendant’s right to have the place of trial changed when the wrong county is designated in the complaint, is an absolute right. (Veeder v. Baker, 83 N. Y. 156.) Under such circumstances a statute affecting that right should be liberally construed. (Code Civ. Pro. § 3345.) The object of the time limit of section 936, was to Require…
1Opinion of the CourtMaynard, J.
The place of trial of this action was not laid in the proper county. The plaintiff was a resident of Kings and the defendant of Rensselaer county. The summons and complaint both state that the trial is desired in Hew York county. With an amended answer, the defendant demanded that the trial be had in the county of Rensselaer, naming it as the proper county. The demand was not complied with, and the defendant then moved to change the place of trial ti> Rensselaer, which was denied, upon the ground that the demand was not served in time; that it should have been served before the original…
2Cases cited3 opinions
- Seneca County Bank v. GarlinghouseNew York Supreme Court · 1849
- Dann v. BakerNew York Supreme Court · 1855
- Elizabethport Manufacturing Co. v. CampbellNew York Supreme Court · 1861
3Cited by26 opinions
- Phillips v. TietjenAppellate Division of the Supreme Court of the State of New York · 1905
- Cola-Rugg Enterprises, Inc. v. Consolidated Edison Co.Appellate Division of the Supreme Court of the State of New York · 1985
- Branower & Son, Inc. v. WaldesAppellate Division of the Supreme Court of the State of New York · 1916
- Corea v. BrowneAppellate Division of the Supreme Court of the State of New York · 2007
- Potter v. HolmesSupreme Court of Minnesota · 1898
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