Hyperlawhypertext legal database Bergman v. Noble 1 N.Y. St. Rep. 543

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Bergman v. Noble

1 N.Y. St. Rep. 543 Court N.Y. Sup. Ct. Decision date 1886-09-02 English

Delivered by Churchill, J.

Contents

Majority

p. 543
Bergman v. Noble et
(Supreme Court, New York, Chambers,
Filed September 2,1886.)

Headnote

Practice—Change op venue—Code op Civil Procedure, § 987.
On a motion to change the place of trial on the ground of the convenience of witnesses all the defendants must join, or else those who move must show a reason why all do not join.
This is an action brought to recover damages for false imprisonment from four defendants. After only two of these defendants had been served and had answered, they made a motion to change the venue to Queen’s county, on the ground of the convenience of witnesses, the cause of action having arisen in that county. The affidavit upon which the motion was based was verified by the defendants, Solomon B. Noble and Daniel Noble, and no reason was stated in it why the other defendants did not join in making the motion.
8. B. Noble, for the motion.
p. 544
B. Lewinson, in opposition, cited Welling v. Sweet ( 1 How., 156 ).

Motion denied, because aU defendants have not united in the motion and no reason shown therefor, with leave to renew on proper papers and payment of ten dollars costs.