Lyman v. Matty
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Frank Matty, from an order of the Supreme Court, made at the Oswego Special Term and entered in the office of the clerk of the county of Oswego on the 10th day of January, 1898, denying his motion to change the place of trial of the action from Oswego county to Onondaga county.
1Opinion of the Court
Follett, J.:
Lyman v. Gramercy Club (28 App. Div. 30) is not in point. That action was brought against sureties to recover for the breach of a bond given and prosecuted pursuant to section 18 of the Liquor Tax Law*, and the only reference in the act to the venue or to the place of trial of such actions is contained in that section, which provides that such an action may be brought “ in any court of record in any county of the State.” The case cited simply holds that this language did not deprive the court of power to change the place of trial given by the Code of Civil Procedure.
The action now…
2Cases cited1 opinion
- Lyman v. Gramercy ClubAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by2 opinions
- Czarnowsky v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1900
- People v. City of SyracuseAppellate Division of the Supreme Court of the State of New York · 1908