McConihe v. Palmer
New York Supreme Court
Appeal from special term, Rensselaer county. Ac I ion by Isaac McConihe against Charles Palmer, as sheriff of the county of Fulton, to recover damages for an alleged omission to perform an official duty. From an order changing the place of trial from the county of Rensselaer to the county of Fulton, plaintiff appeals. Affirmed.
1Opinion of the CourtMayham, P. J.
The summons and complaint in this action ■show upon their face that the action is prosecuted against a public officer for an alleged omission to perform an official duty as sheriff of Fulton county. It was therefore a local action, and, within the language of section 983 of the Code of Civil Procedure, “must be tried in the county where the cause of action arose,” unless the defendant has, by some act or omission on his part, forfeited his right to insist upon that provision of the Code. It is true that, notwithstanding this apparently mandatory provision, *833the action may, if the county…
Also in this document: Concurrence.
2Cases cited4 opinions
- Lane v. Town of HancockNew York Supreme Court · 1890
- Thompson v. HeidenrichNew York Supreme Court · 1883
- Clark v. CampbellNew York Supreme Court · 1877
- Gifford v. Town of GravesendNew York Supreme Court · 1879
3Cited by14 opinions
- Arkansas State Racing Com'n v. Southland Rac. Corp.Supreme Court of Arkansas · 1956
- Phillips v. TietjenAppellate Division of the Supreme Court of the State of New York · 1905
- Greentree Publishing Co. v. Oneida Dispatch Corp.Appellate Division of the Supreme Court of the State of New York · 1977
- Cronin v. Manhattan Transit Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Hoffman v. HoffmanAppellate Division of the Supreme Court of the State of New York · 1912
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