Wallace v. Manning — 130 A.D. 894

Majority

p. 894

Joseph C. Wallace, Respondent, v. William H. Manning, Appellant.

Headnote

Venue — change of place of trial — convenience of witnesses.

Appeal from an order entered in the New York county, clerk’s office oh the 30th day of November, 1908, denying a motion to change the place of trial.

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. Present — Ingraham, McLaughlin, Clarke, Houghton and Scott, JJ. Order reversed, with ten dollars costs and disbursements, and motion granted.