Whitehead Bros. v. Dolan

The defendants in this 'action served upon the plaintiff with their answer a demand to change the place of trial from Albany to Greene county, stating for their ground “ the action being one within the provisions of section 982 of the Oode of Civil Procedure.” The action is not such an action, and the plaintiff properly failed to consent to or notice the demand. The plaintiff served its reply and noticed the cause for trial at -the Albany term. Subsequently these defendants moved this court at Special Term for an order to change the place of trial, setting up in the affidavit that the…