Mason v. Brown
New York Supreme Court
Motion to change the venue. The action was brought upon a promissory note. The plaintiff resided in the state of New Hampshire. The defendant resided in the county of Madison. The defendant’s attorney, before the time for answering had expired, served on the plaintiff’s attorney a demand in writing that the trial be had in the proper county. The venue was laid in the county of Albany. The defendant’s answer was served on the 24th of November 1851, by mail.
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Motion to change the venue. The action was brought upon a promissory note. The plaintiff resided in the state of New Hampshire. The defendant resided in the county of Madison. The defendant’s attorney, before the time for answering had expired, served on the plaintiff’s attorney a demand in writing that the trial be had in the proper county. The venue was laid in the county of Albany. The defendant’s answer was served on the 24th of November 1851, by mail. The plaintiff’s attorney served on the defendant’s attorney a reply which was received by him on the 2d of January 1852. He immediately…
1Opinion of the Court
Harris, Justice.
As the plaintiff was a non resident, the county of the defendant’s residence was “ the proper county,” for the venue (Code, § 125, 126). Having made the demand in the manner prescribed by the 126th section, the defendant was entitled to have the venue changed; and had his motion been made before the plaintiff was in a situation to present the question in reference to the convenience of witnesses, it must have been granted. The motion to change the place of trial on the ground that the proper county is not designated, may be made before issue joined, while the motion to change…
2Cases cited1 opinion
- Peet v. BillingsNew York Supreme Court · 1829
3Cited by3 opinions
- Platz v. City of CohoesNew York Supreme Court · 1880
- Gifford v. Town of GravesendNew York Supreme Court · 1879
- Stimson v. StimsonNew York Supreme Court · 1890