Kissam v. Bremmerman

This application to vacate a judgment presents a question whether an issue of law can be regularly noticed and brought to trial in a county other than that designated in the complaint for the trial of the action.

The place of trial indicated in the complaint is Queens county.

*15The plaintiff demurred to the answer and noticed the issue raised by the demurrer for trial at the Kings County Special Term. The defendant disregarded this notice and judgment was taken against him.

Whether the plaintiff’s procedure was regular, or not, depends upon the construction to be given to section 990 of the Code…