Rightmyer v. Raymond
New York Supreme Court
This was an action of trover, tried at the Madison circuit in September, 1831, before the Hon. Nathan Williams,then one of the circuit judges.
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This was an action of trover, tried at the Madison circuit in September, 1831, before the Hon. Nathan Williams,then one of the circuit judges. The defendant Raymond, on the 20th November, 1829, entered into a contract to cut and convey to his mill all the white wood logs on a certain lot of land belonging to the plaintiff ; to select such as would warrant a price of $6 per 1000 feet, and when the logs were delivered in the mill yard, to pay the plaintiff $3 per 1000 feet in one year from the date of the contract, giving security for the payment. It was further stipulated, that Raymond should…
1Opinion of the Court
By the Court,
Savage, Gh. J.
There is no good reason for granting a new trial in this case. Tt is true, that by the revised statutes, all actions for injuries to personal property were made local; that is, they were required to be tried in the county where the cause of action arose. It is stated by Mr. Chitty, that in local actions in the superior courts, the only modes of objecting to the venue is by demurrer, or at the trial as a ground of nonsuit. If the objection appear on the record, a demurrer is proper ; if it does not so appear, the defendant may avail himself of it on the trial as a…
2Cited by10 opinions
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- Vermilya v. BeattyNew York Supreme Court · 1849
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