Witwer v. Henningson

Appellate Division of the Supreme Court of New York

Witwer v. Henningson

215 A.D. 844

Appellate Division of the Supreme Court of the State of New York·Decided January 15, 1926·Published

Opinion

Order denying motion to change place of trial reversed upon the law and the facts, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. (See Woodland Lumber, etc., Co. v. Barnett, 185 App. Div. 572, and Pulaski v. Tryon, 214 id. 822.) Rich, Jaycox and Kapper, JJ., concur; Kelly, P. J., and Lazansky, J., dissent upon the ground that neither the convenience of witnesses nor the interests of justice would be served by a change of venue.

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Order denying motion to change place of trial reversed upon the law and the facts, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. (See Woodland Lumber, etc., Co. v. Barnett, 185 App. Div. 572, and Pulaski v. Tryon, 214 id. 822.) Rich, Jaycox and Kapper, JJ., concur; Kelly, P. J., and Lazansky, J., dissent upon the ground that neither the convenience of witnesses nor the interests of justice would be served by a change of venue.

Witwer v. Henningson, 215 A.D. 844 (N.Y. Ct. App. 1926).

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Opinion

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