58 N.Y.S. 856 | N.Y. App. Div. | 1899
The plaintiff is the owner and in possession of lands lying in the counties of Franklin and St. Lawrence. This action is brought to restrain the defendants from raising and maintaining a dam on Racquette river, in Franklin county, so as to flood such lands, and for damages. The venue of the action is laid in the county of Kings, where the plaintiff resides. After answer, two of the defendants moved to change the place of trial to St. Lawrence county, on the ground that that county was the proper place for the trial of the action. This motion was denied. Subsequently another defendant moved, upon the same ground, to change the place of trial to Franklin county. This motion was also denied. From the orders denying such motions these appeals are taken.
An action for trespass on land under the old Code was unquestion
The venue of the action should, therefore, have been changed either to St. Lawrence or to Franklin county. Possibly, as a matter of
The orders appealed from should be reversed, with ten dollars costs and disbursements on each appeal, and place of trial changed to Franklin county, with ten dollars costs to abide the event of the action
All concurred.
Orders reversed, with ten dollars costs and disbursements on each appeal, and place of trial changed to Franklin county, with ten dollars costs to abide the event of the action.