Roche v. . Marvin
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court, in the first judicial department, made January 9, 1883, which affirmed an order of Special Term, denying a motion to change the place of trial of this action from the county of Hew York, where the venue was laid, to the county of Saratoga.
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Appeal from an order of the General Term of the Supreme Court, in the first judicial department, made January 9, 1883, which affirmed an order of Special Term, denying a motion to change the place of trial of this action from the county of Hew York, where the venue was laid, to the county of Saratoga. The complaint herein alleged in substance, that in the year 1875 the defendants were appointed trustees of the United States Hotel of Saratoga Springs, in the county of Saratoga, and that they thereafter delivered to the plaintiff a certificate stating that she was entitled to a beneficial…
1Opinion of the CourtMiller, J.
The only question arising upon this appeal is whether the action was a local one, and being such,the place of trial should have been in the county of Saratoga. The appellants.claim that the plaintiff in this action seeks to establish an equitable interest in real estate in the county of Saratoga, the legal title of which is vested in the defendants, which entitles her to a share of the rents and profits of said real estate, and that the action is within the letter and spirit of section 982 of the Code of Civil Procedure, which provides; among other things, that an action must be tried in the…
2Cited by3 opinions
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