Park v. Carnley
New York Supreme Court
The action was brought against the sheriff of New York for an act done by him in virtue of his office. The venue was laid in Dutchess county. The defendant now moves to change the place of trial to the city of New York. The plaintiff resists the motion on the ground of convenience of witnesses.
1Opinion of the Court
Barculo, Justice.
The proper county for the trial of this cause, according to the Code, is the city of New York (§ 124). The plaintiff ought, therefore, to have named that place in his complaint as the place of trial; and not having done so, it would be a matter of course to order that done which ought to have been originally done. But he seems to suppose that the case of Mason agt. Brown (6 How. Pr. R. 481), justifies him in opposing this motion on the ground of the convenience of witnesses. I think, however, that he misapprehends the import of that case. There were two motions heard…
2Cited by5 opinions
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