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62 A.D. 542

Ellis v. Baker

Appellate Division of the Supreme Court of the State of New York · decided 1901-07-01

Appeal by the plaintiff, Sampson Ellis, from an order'of the Supreme Court, rpade at the Montgomery Special Term and entered in the office of the clerk of the county of Saratoga on the 28th day of January, 1901, granting the defendant’s motion to change the place of trial of the action from the county of Saratoga to the county of Warren.

Decided 1901-07-01

Pee Cübiam :

¶1This is an appeal from an order granting a motion to change the place of trial from Saratoga county to Warren county, on the ground that the latter is the proper county. The action was for false imprisonment. From tlie papers used on the motion there is no *543doubt that the plaintiff was arrested ■ in Saratoga county by the defendant, who was deputy sheriff of Warren county, and was by him carried therefrom to, and imprisoned in, the jail of Warren county. As part of the cause of action, therefore, arose in Saratoga county, the action was properly brought there (Code Civ. Proc. § 983), and the defendant was not entitled to a change of venue on the ground on which motion was made.

¶2Order reversed, with ten dollars costs and disbursements.

¶3All concurred.

¶4Order reversed, with ten dollars costs and disbursements.

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