Lyman v. Corey

Appellate Division of the Supreme Court of New York

Lyman v. Corey

1 Liquor Tax Rep. 315

Appellate Division of the Supreme Court of the State of New York·Decided March 15, 1898·Published

Opinion

Order affirmed with ten dollars costs and disbursements, without prejudice to a new motion to change the place of trial to any county. Held, that the moving affidavits are defective in that they fail to state the residence and address of the witnesses; also fail to state that the witnesses will testify to the facts alleged to be material to the defense. (See Tuska v. Wood, 81 Hun, 79; Hayes v. Garson, 25 App. Div. 116; also Lyman as Commissioner v. Gramercy Club, 28 id. 30.)

All concur, except Ward, J., not voting.

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Order affirmed with ten dollars costs and disbursements, without prejudice to a new motion to change the place of trial to any county. Held, that the moving affidavits are defective in that they fail to state the residence and address of the witnesses; also fail to state that the witnesses will testify to the facts alleged to be material to the defense. (See Tuska v. Wood, 81 Hun, 79; Hayes v. Garson, 25 App. Div. 116; also Lyman as Commissioner v. Gramercy Club, 28 id. 30.)

All concur, except Ward, J., not voting.

Lyman v. Corey, 1 Liquor Tax Rep. 315 (N.Y. Ct. App. 1898).

Pincite

1 Liquor Tax Rep. 315 (Lyman v. Corey) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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