Legal Opinion
Bell v. Niewahner
Appellate Division of the Supreme Court of the State of New York
Decided November 23, 1900PublishedCited by 2 opinions
Appeal from special term, Kings county. Action by Sydney Bell against August 27iewahner. From an order denying defendant’s motion for a change of venue he appeals.
1Opinion of the CourtGoodrich, P. J.
The action is brought under the act relating to domestic commerce. Laws 1896, c. 376. The plaintiff, as the agent of the owners of 11 milk cans, sues for the penalty of $50 for the use of each can in violation of section 29 of the act. One of the paragraphic subdivisions of that section reads as follows:
“Such action may be brought in a court of record having jurisdiction thereof, and the place of trial thereof may be laid in the county where such owner, dealer or shipper resides at the time of the commencement thereof, and if laid in such county it shall not be changed for any cause or it may…
2Cases cited2 opinions
- Mussen v. Ausable Granite WorksNew York Supreme Court · 1892
- People v. CoughtryNew York Supreme Court · 1890
3Cited by2 opinions
- State v. DonnellSupreme Judicial Court of Maine · 1928
- Taylor v. StateNew York Court of Claims · 1910