Rhodes v. Wheeler
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Joseph B. Wheeler and another, from an order of the Supreme Court, made at the St. Lawrence Special Term and entered in the office of the clerk of the county of Montgomery on the 25th day of November, 1899, denying the defendants’ motion to change the place of trial of the above-entitled action from the county of Montgomery to the county of Broome.
1Opinion of the Court
Herrick, J. :
The substantial and material acts alleged in the plaintiffs’ complaint were committed, if at all, in the city of Binghamton, Broome ■ county. The great majority of the witnesses upon the crucial points in the ease evidently reside in-the city of .Binghamton.
A stipulation that the witnesses will swear to the facts as alleged in the. affidavit of the moving party is not sufficient; the party is entitled to their presence upon the trial and to the benefit of. their oral testimony, so that the court and jury may be better able to determine whether they are telling the truth or not.
An…
2Cases cited1 opinion
- Ingal v. StoddardAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by1 opinion
- Nelson v. EnosCalifornia Court of Appeal · 1941