Hankins v. Hanford
Appellate Division of the Supreme Court of the State of New York
Appeal by .the defendants, Nathan Hanford and another, from an order of the Supreme Court, made at the Broome Special Term and entered in the office of the clerk of the county of Chemung on the 14th day of December, 1900, denying the defendants’ motion to change the venue of the action from Chemung to Tompkins county. This action was brought to recover damages for an alleged false imprisonment.
1Opinion of the Court
Kellogg, J.:
The complaint in this action does not disclose the plaintiff’s place of residence at the time the action was commenced. ' The answer alleges that both plaintiff and defendants resided at the time of the arrest complained of in the village .of Ithaca, Tompkins county. *342The plaintiff; in his affidavit opposing the motion for change. of venue, states that he was then a resident of Elmira, Chemung county. It would appear that he became a resident of Elmira some time after the arrest and presumably after the action was brought.
The principal grounds urged for a change of venue are :
First.…
2Cases cited2 opinions
- People v. HayesNew York Supreme Court · 1852
- Tupper v. MorinNew York Supreme Court · 1890
3Cited by1 opinion
- Dedek v. McNaryNew York Supreme Court · 1948