Johnson v. Millard
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Eugene B. Millard and another, from an order of the Supreme Court, made at the Oneida Special Term and entered in the office of the clerk of the county of Oneida on the 14th day of November, 1921, denying defendants’ motion to change the place of trial from the county of Oneida to the county of Lewis for the convenience of witnesses.
1Per curiam
This is an action for damages for unlawfully cutting timber and is governed by section 982 of the Code of Civil Procedure. When such action is commenced in a county other than the one where the land is situated, the place of trial should be changed upon motion to the proper county. (Freeman v. Thomson, 50 Hun, 340; Dexter v. Alfred, 35 N. Y. St. Repr. 489.) Upon this motion the plaintiff should not have been *74permitted to read affidavits tending to show that the county where the venue is laid is more convenient for witnesses, even if she would have had the right to do so if she had served the…
2Cases cited3 opinions
- Veeder v. . BakerNew York Court of Appeals · 1880
- Freeman v. ThomsonNew York Supreme Court · 1888
- Sylvester v. LewisAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by5 opinions
- Ackerman v. CummiskeyAppellate Division of the Supreme Court of the State of New York · 1932
- Town of Hempstead v. City of New YorkNew York Supreme Court · 1976
- McDaniels v. DoubledayAppellate Division of the Supreme Court of the State of New York · 1934
- Geidel v. Niagara Mohawk Power Corp.New York Supreme Court · 1965
- Johnson v. MillardAppellate Division of the Supreme Court of the State of New York · 1922