199 A.D. 73 | N.Y. App. Div. | 1921
This is an action for damages for unlawfully cutting timber and is governed by section 982 of the Code of Civil Procedure. When such action is commenced in a county other than the one where the land is situated, the place of trial should be changed upon motion to the proper county. (Freeman v. Thomson, 50 Hun, 340; Dexter v. Alfred, 35 N. Y. St. Repr. 489.) Upon this motion the plaintiff should not have been
The order should be reversed, with ten dollars costs and disbursements, and the motion granted, with ten dollars costs.
All concur.
Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.