Ellis v. Baker

3 Citing cases

  1. Bergin v. Temple

    111 Mont. 539 (Mont. 1941)   Cited 26 times
    In Bergin v. Temple, 111 Mont. 539, 111 P.2d 286, (1941), in discussing the meaning of "arose" for purposes of a venue statute, the Court defined "accrued" in a manner similar to the Ninth Circuit in Cusano (action accrues when "[a]n action could have been brought for those sums at that time").

    Unfortunately, due partly to a difference in venue statutes, we have found no controlling precedent with direct reference to such a statute as ours. Appellant relies upon some language used in Enos v. American Surety Co., 95 Mont. 588, 28 P.2d 197, and in Haffner v. United States F. G. Co., 35 Idaho, 517, 207 P. 716, under an identical statute; but in each of those cases suit was filed in the county in which plaintiff was arrested and the defendants sought to remove it to the county in which plaintiff was subsequently imprisoned. In those cases and also in Ellis v. Baker, 62 App. Div. 542, 71 N.Y. Supp. 88, the courts, without considering the question presented here or analyzing the meaning of the statute, denied the change of venue, saying merely that the cause or some portion thereof manifestly arose in the county where suit was filed. But the court did not attempt to decide whether all or only a part of the cause arose in the county of arrest, for the venue was properly laid there and the suit could not be removed in either event.

  2. Meihak v. Schreckenghaust

    297 N.W. 122 (S.D. 1941)   Cited 7 times

    " See, also, State ex rel. Stephens v. District Court, 43 Mont. 571, 118 P. 268, Ann. Cas. 1912C, 343; Enos v. American Surety Co., 95 Mont. 588, 28 P.2d 197; Ellis v. Baker, 62 A.D. 542, 71 N.Y.S. 88. The cause of action is based in part upon the imprisonment in Pennington county. Since a part of the cause of action arose in that county, the action was properly brought there and the trial court did not err in denying the motion for a change of place of trial.

  3. Garces v. City of New York

    2008 N.Y. Slip Op. 50005 (N.Y. Sup. Ct. 2008)

    In fact, in New York there is sparse, but "well settled" appellate authority that for continuing torts, such as false imprisonment, each location where the tort occurs is a proper venue. ( Ellis v. Baker, 62 AD 542, 71 NYS 88, [3rd Dept.1901]). In Ellis, plaintiff was arrested in Saratoga County and imprisoned in a jail in Warren County.