Palmer v. Schwarzenback

Appellate Division of the Supreme Court of New York

Palmer v. Schwarzenback

151 A.D. 916, 136 N.Y.S. 85

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 15, 1912

StatusPublished

This text of 151 A.D. 916 (Palmer v. Schwarzenback) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Palmer v. Schwarzenback, 151 A.D. 916, 136 N.Y.S. 85 (N.Y. Ct. App. 1912).

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Opinion

Woodward, J.:

Defendants moved the court under the provisions of section 987 of the Code of Civil Procedure foA'a change of venue upon the ground,that Westchester county was not the-proper county and on the further ground of the convenience of witnesses. The motion was granted upon the first ground, and the plaintiff appeals from- the order, urging that as the defendants had failed to demand that the .case be removed to the proper county on or before the service of an answer, as provided in section 986 of the Code of Civil Procedure, the court was without power to order the change. The question -appears to have been determined adversely to the plaintiff’s contention. (Cronin v. Manhattan Transit Co., 124 App. Div. 543, 544, and authority there cited.) The order appealed from should be affirmed, with ten dollars costs and disbursements. Burr, [917]*917Thomas and Rich, JJ., concurred; Jenks, P. J., not voting. Order affirmed, with ten dollars costs and disbursements.

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Woodward, J.:

Defendants moved the court under the provisions of section 987 of the Code of Civil Procedure foA'a change of venue upon the ground,that Westchester county was not the-proper county and on the further ground of the convenience of witnesses. The motion was granted upon the first ground, and the plaintiff appeals from- the order, urging that as the defendants had failed to demand that the .case be removed to the proper county on or before the service of an answer, as provided in section 986 of the Code of Civil Procedure, the court was without power to order the change. The question -appears to have been determined adversely to the plaintiff’s contention. (Cronin v. Manhattan Transit Co., 124 App. Div. 543, 544, and authority there cited.) The order appealed from should be affirmed, with ten dollars costs and disbursements. Burr, [917]*917Thomas and Rich, JJ., concurred; Jenks, P. J., not voting. Order affirmed, with ten dollars costs and disbursements.

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Bluebook (online)

151 A.D. 916, 136 N.Y.S. 85, Counsel Stack Legal Research, https://law.counselstack.com/opinion/palmer-v-schwarzenback-nyappdiv-1912.

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