From Casetext: Smarter Legal Research

Ellis v. Baker

Appellate Division of the Supreme Court of New York, Third Department
Jun 1, 1901
62 App. Div. 542 (N.Y. App. Div. 1901)

Opinion

June Term, 1901.

James F. Swanick, for the appellant.

George S. Raley, for the respondent.


This is an appeal from an order granting a motion to change the place of trial from Saratoga county to Warren county, on the ground that the latter is the proper county. The action was for false imprisonment. From the papers used on the motion there is no doubt that the plaintiff was arrested in Saratoga county by the defendant, who was deputy sheriff of Warren county, and was by him carried therefrom to, and imprisoned in, the jail of Warren county. As part of the cause of action, therefore, arose in Saratoga county, the action was properly brought there (Code Civ. Proc. § 983), and the defendant was not entitled to a change of venue on the ground on which motion was made.

Order reversed, with ten dollars costs and disbursements.

All concurred.

Order reversed, with ten dollars costs and disbursements.


Summaries of

Ellis v. Baker

Appellate Division of the Supreme Court of New York, Third Department
Jun 1, 1901
62 App. Div. 542 (N.Y. App. Div. 1901)
Case details for

Ellis v. Baker

Case Details

Full title:SAMPSON ELLIS, Appellant, v . CHARLES BAKER, Respondent

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jun 1, 1901

Citations

62 App. Div. 542 (N.Y. App. Div. 1901)
71 N.Y.S. 88

Citing Cases

Bergin v. Temple

Unfortunately, due partly to a difference in venue statutes, we have found no controlling precedent with…

Wong v. Earle C. Anthony, Inc.

For this injury, if any, appellant has a cause of action, and he had the right to elect in which county he…