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" The court may change the place of trial in the following cases : 1. When the county designated for that purpose in the complaint is not the proper connty ; 2. When there is reason to believe that an impartial trial cannot be had therein ; 3. When the... "
The Code of Procedure of the State of New York, as Amended to 1864: With ... - Page 69
by John Townshend - 1864 - 315 pages
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Laws of the State of New York Passed at the Sessions of the Legislature

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....
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

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,...
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The Code of Civil Procedure of the State of New York: Reported ..., Volume 2

New York (State). - Civil procedure - 1850 - 920 pages
...that purpose in the complaint, be not the proper county, the action may, notwithstanding, be tried therein, unless the defendant before the time for...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...
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The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ...

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,...
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The Code of Procedure of the State of New York: As Amended by the ...

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...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 7

Nathan Howard (Jr.) - Civil procedure - 1852 - 576 pages
...may, notwithstanding-, bo tried therein unless the defendant, before the time for answering expires, demand in writing, that the trial be had in the proper...the place of trial be thereupon changed by consent Hinchman agt. Butler. Of parties, or by order of the court, as is provided in that section. The language...
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The Code of Procedure of the State of New York: As Amended April 16, 1852 ...

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...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 4

Nathan Howard (Jr.) - Civil procedure - 1852 - 496 pages
...merits and notice of motion to change the venue, the defendant must, before the time to plead expires, demand in writing that the trial be had in the proper county, that is, a county where a party resides. The word venue, indeed, is not used in these sections, and...
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Wisconsin Session Laws

Wisconsin - Session laws - 1853 - 810 pages
...that purpose in the complaint, be not the proper county, the action may, not•withstanding, be tried therein, unless the defendant, before the time for...thereupon changed by consent of parties, or by order of the-court as provided in this section. 19 i OHAPTKK 120. Where the uchanged pers to be sferred pip...
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The Code of Procedure of the State of New York: With Notes, an Appendix, and ...

New York (State) - Civil procedure - 1855 - 802 pages
...county designated as the place of trial in the complaint, unless the plaintiff, before the time f.ir answering expire, demand in writing that the trial be had in the proper county. With regard, therefore, to the actions mentioned in the 123d and 124th sections, they stand on a different...
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