Hartman v. Spencer
New York Supreme Court
This is a motion on the part of the defendant to change the place of trial of this action from the county of Livingston to the county of Tompkins, on the ground that a great number of witnesses, material and necessary to sustain the defence, reside in Tompkins and the adjoining counties.
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This is a motion on the part of the defendant to change the place of trial of this action from the county of Livingston to the county of Tompkins, on the ground that a great number of witnesses, material and necessary to sustain the defence, reside in Tompkins and the adjoining counties. It was conceded upon the argument that the pleadings had not terminated, and that issue was not then joined in the cause; and the motion was opposed upon this ground, as well as upon the merits.
1Opinion of the Court
Selden, Justice.
Whether a motion to change the place of trial can be made before the issues in the cause are settled, is a question of much practical importance, and one upon which the decisions are conflicting.
It has recently received an elaborate examination by Justices Willard of the fourth, and Sill of the eighth district, who have come to opposite conclusions: the former having held in the case of Schenck vs. McKie, (4 How. Pr. R. 246), that the settled *136practice prior to the Code, which required motions to change the venue to be made before issue, was equally applicable to motions under…
2Cited by1 opinion
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