Harmon v. Van Ness
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Cornelius H. Van Ness, individually and as' executor and trustee under the will of Emma L. Van Ness, deceased, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 24th day of August, 1900, denying his motion to change the place of trial of the action from the county of New York to the county of Orange.
1Opinion of the Court
Hatch, J.:
This motion was made pursuant to the provisions of section 982 of the Code of Civil Procedure, on the ground that the action is "brought to procure a judgment affecting an estate, right, title or interest in real property wholly situated in the county of Orange'; and upon the further ground that the .place of the transaction involved in the action is in said county and the cause of action, therefore, arose there.
It was opposed upon the merits and upon the grounds that the motion was made too late, and that the defendant Wood did not join in the motion.
The material facts are as…
2Cases cited3 opinions
- Penniman v. Fuller & Warren Co.New York Court of Appeals · 1892
- Acker v. . LelandNew York Court of Appeals · 1884
- Talman v. BarnesNew York Supreme Court · 1834
3Cited by4 opinions
- Phillips v. TietjenAppellate Division of the Supreme Court of the State of New York · 1905
- Boro Kitchen Cabinets, Inc. v. SpaltAppellate Division of the Supreme Court of the State of New York · 1959
- Gilpin v. SavageAppellate Division of the Supreme Court of the State of New York · 1910
- Polmanteer v. BadeauNew York Supreme Court · 1916