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14 N.Y. Sup. Ct. 299

Cornell v. Evans

New York Supreme Court

Decided May 15, 1876

New York Supreme Court · decided 1876-05-15

Both parties resided in Kings county, and the defendant had a place of business in the city of New York. Before answering the defendant demanded that the place of trial be changed to Kings county.

Decided 1876-05-15

Brady, J.:

¶1Although the Code (§ 33, sub. 2), in reference to the change of the place of trial in actions removed into this court from the Common Pleas and Superior Court, confers a discretionary power, and this court may therefore remove and may change the place of trial, nevertheless we think that when the cause is removed the provisions of section 125 of the Code apply and require the action to be tried in the county in which the parties reside.

¶2The order should therefore be reversed, but, we think, with ten dollars costs of this appeal, and disbursements to abide event.

Davis, P. J., and Daniels, J., concurred.

¶3Order reversed, ten dollars costs of appeal and disbursements to abide event.

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