Bischoff v. Bischoff
Appellate Division of the Supreme Court of the State of New York
Appeal .by the defendant, Henry Bischoff, from an order of the Supreme Court, made at the Kings. County. Special Term and entered in the office of the clerk of the county of Westchester on the 3d day of September, 1903, denying the defendant’s motion to change the place of trial of the action from the county of Westchester to the county of New York.
1Opinion of the Court
Cochrane, J.:
The question for determination on this motion is not whether the plaintiff has a residence in New York county, but whether he has a residence in Westchester county. A person may have two qr more residences as distinguished from a domicile, and if the plaintiff at the time of the commencement of this action had either an actual residence or a domicile in. Westchester county, the action is properly brought in that county, although the plaintiff may also have had a residence elsewhere. (Cincinnati, Hamilton & Dayton R. R. Co. v. Ives, 21 N. Y. St. Repr. 67; Lyon v. Lyon. 30 Hun,…
2Cited by22 opinions
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- Polley v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1910
- Washington v. ThomasAppellate Division of the Supreme Court of the State of New York · 1905
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