From Casetext: Smarter Legal Research

Wallace v. Manning

Appellate Division of the Supreme Court of New York, First Department
Feb 1, 1909
130 App. Div. 894 (N.Y. App. Div. 1909)

Opinion

February, 1909.

Present — Ingraham, McLaughlin, Clarke, Houghton and Scott, JJ.


As the occurrences out of which this action arose happened in the county of Saratoga, and the greater number of material witnesses resided there, the place of trial should have been changed to that county. The order appealed from must be reversed, with ten dollars costs and disbursements, and the motion granted.


Order reversed, with ten dollars costs and disbursements, and motion granted.


Summaries of

Wallace v. Manning

Appellate Division of the Supreme Court of New York, First Department
Feb 1, 1909
130 App. Div. 894 (N.Y. App. Div. 1909)
Case details for

Wallace v. Manning

Case Details

Full title:JOSEPH C. WALLACE, Respondent, v . WILLIAM H. MANNING, Appellant

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

Date published: Feb 1, 1909

Citations

130 App. Div. 894 (N.Y. App. Div. 1909)
114 N.Y.S. 972

Citing Cases

Spaulding v. Hoops

Where the material witnesses for plaintiff cannot under Code Civ. Proc., sec. 1899, be compelled to attend as…