Fisher v. Ogden
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Levi Ogden, from an order of the Supreme Court, made at the Washington Trial Term and entered in the office of the clerk of the county of Washington on the 4th da.y of December, 1896, denying his motion to strike the action from the calendar of the Trial Term of the Supreme Court in Washington county. This action was commenced by the service of a summons without complaint; the summons stated that the trial was desired in Washington county.
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Appeal by the defendant, Levi Ogden, from an order of the Supreme Court, made at the Washington Trial Term and entered in the office of the clerk of the county of Washington on the 4th da.y of December, 1896, denying his motion to strike the action from the calendar of the Trial Term of the Supreme Court in Washington county. This action was commenced by the service of a summons without complaint; the summons stated that the trial was desired in Washington county. The defendants appeared by their attorney, who served a notice of retainer and demand for a copy of the.complaint. The complaint…
1Opinion of the CourtHerrick, J.
It seems to me that, within the principle of the cases of Rector v. Ridgwood Ice Co. (38 Hun, 293; affd., sub. nom. Rector v. Ridgewood Ice Co., 101 N. Y. 656), of McCosker v. Smith (20 Civ. Proc. Rep. 324; affd., 133 N. Y. 672) and of Faherty v. S. S. T. Boat-Line (43 Hun, 432), the place designated in the complaint as the-place of trial is controlling, and that, therefore, the motion to strike it from the calendar should have been granted.
It was insisted upon the argument of this appeal that the change here had been inadvertently made, but we must decide.' upon the record before us, however…
2Cited by4 opinions
- Sievert v. SelvigSupreme Court of Minnesota · 1928
- Tolhurst v. HowardAppellate Division of the Supreme Court of the State of New York · 1904
- Goldstein v. MarxAppellate Division of the Supreme Court of the State of New York · 1902
- Bell v. PolymeroAppellate Division of the Supreme Court of the State of New York · 1904