Washington v. Thomas
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Orlando F. Thomas, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 24th day of January, 1905, denying the said defendant’s motion to change the pláce of trial of the action from the county of New York to the county of Wayne.
1Opinion of the Court
McLaughlin, J.:
This action is brought upon a judgment alleged to have been recovered by the plaintiff, a non-resident of this State, against the defendants in the State of Florida. Service of the summons and complaint was only made on the defendant Thomas, who, before the expiration of the time to answer, interposed a demurrer to the complaint and at the same time made a written demand that the place of trial be changed from the county of New York to the county of Wayne, the proper county. The plaintiff not having consented to such change within the time provided by statute (Code Civ. Proc. §…
2Cases cited1 opinion
- Bischoff v. BischoffAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by10 opinions
- Hislop v. TaaffeAppellate Division of the Supreme Court of the State of New York · 1910
- Mills & Gibb (Inc.) v. StarinAppellate Division of the Supreme Court of the State of New York · 1907
- Oelkers v. HulsebergNew York Supreme Court · 1951
- Kleinrock v. Nantex Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1922
- Harshbarger v. Sherron Metallic Corp.New York Supreme Court · 1943
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