 | New York (State). Legislature - Law - 1848 - 672 pages
...proper county, the action may, not- ^a withstanding, be tried therein, unless the defendant shall, j before the time for answering expire, demand in writing that the trial be had in the proper county. county. TITLE V. 01* THE MANNER OF COMMENCING CIVIL ACTIONS. SECTION 106. Actions how commenced. 107.... | |
 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...not the proper county, the action may, notwithstanding, be tried therein, unless the defendant shall, before the time for answering expire, demand in writing that the trial be had in the proper county. TITLE V, Of the manner of commencing Civil Actions. SECTION 106. Acti jus, how commenced. 1t17. Summons,... | |
 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 898 pages
...purpose in the complaint, be not the proper county, the action may, notwithstanding, be tried therein, unless the defendant before the time for answering...be thereupon changed by consent of parties, or by the order of the court, as provided in the next section. Amended Code, § 126. § 620. The court may... | |
 | New York (State). - Civil procedure - 1851 - 266 pages
...the ifJInaud trial in protime for answering expire, demand, in writing, that the Ma/pcrcoumy. be /tad in the proper county, and the place of trial be thereupon...court, as is provided in this section. The court may change the place of trial in the following cases • 1 . When the county designated for that purpose... | |
 | New York (State) - Session laws - 1851 - 1408 pages
...value, to such person as the court may direct ; and the court may, in its discretion, make the order. of trial be thereupon changed by consent of parties,...court, as is provided in this section. The court may change the place of trial in the following cases : 1 . When the county designated for that purpose... | |
 | New York (State), Member of the New-York Bar - Civil procedure - 1851 - 410 pages
...might be tried iu the county designated as the place of trial in the complaint, unless the plaintiff, before the time for answering expire, demand in writing that the trial be had iu the proper county. With regard, therefore, to the actions mentioned in the 123d and lililí sections,... | |
 | New York (State), Henry Strong McCall - Civil procedure - 1851 - 244 pages
...Moore agt. Gardner, 5 How. 243. To change the place of trial, application must be made to the court; a demand in writing, that the trial be had in the proper county, does not change it. Hasbrouck vs. McAdam, 4 How. 342. The court could not order an issue of law to... | |
 | New York (State) - Civil procedure - 1852 - 606 pages
...might be tried in the county designated as the place of trial in the complaint, unless the plaintiff, before the time for answering expire, demand in writing that the trial be had in the proper county. With regard, therefore, tu the actions mentioned in the 123d and 124th sections, they Bland on a different... | |
 | Nathan Howard (Jr.) - Civil procedure - 1852 - 496 pages
...designated in the complaint, though neither of the parties reside there, unless the defendant shall serve a demand in writing that the trial be had in the proper county, and in case such demand be served, the defendant may, on the trial, avail himself of the objection. So... | |
 | Nathan Howard (Jr.) - Civil procedure - 1852 - 576 pages
...may, notwithstanding, be tried therein, unless the defendant, before the time for answering expires, demand in writing that the trial be had in the proper county; that is, the county where the parties or any of them reside, at the time the action is commenced. In... | |
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If the county designated for that purpose in the complaint be not the proper county, the action may, notwithstanding, be tried therein, unless the defendant, before the time for answering expire, demand in writing that the trial be had in the proper county... 
