Magee v. Beach
New York Supreme Court
Motion by defendants to change place of trial from Cayuga county to New York county, on the ground that the plaintiff and the defendants who have been served are all residents of New York county.
1Opinion of the CourtCrouch, J.
Plaintiff objects to the moving papers on the ground that they do not conform to rule 48. Notwithstanding that the language of the rule itself makes no exception and that certain works on practice state in substance that the rule must be complied with whatever may be the principal ground of the motion for a change, I am of the opinion that this rule does not apply to cases where the motion is made upon the ground that the county designated for the purpose of trial is not the proper county.
Down to 1910 when rule 48 was amended the law and the practice were well settled. The amendment to the…
2Cited by3 opinions
- Dayton v. FarmerAppellate Division of the Supreme Court of the State of New York · 1922
- Waterworth v. FranzNew York Supreme Court · 1933
- Magee v. BeachAppellate Division of the Supreme Court of the State of New York · 1914