Cornell v. Evans

New York Supreme Court

Cornell v. Evans

14 N.Y. Sup. Ct. 299

DecidedMay 15, 1876

StatusPublished

This text of 14 N.Y. Sup. Ct. 299 (Cornell v. Evans) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cornell v. Evans, 14 N.Y. Sup. Ct. 299 (N.Y. Super. Ct. 1876).

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Opinion

Brady, J.:

Although 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.

The 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.

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

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Brady, J.:

Although 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.

The 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.

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

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Bluebook (online)

14 N.Y. Sup. Ct. 299, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cornell-v-evans-nysupct-1876.