From Casetext: Smarter Legal Research

Roberts v. Roberts

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1917
181 App. Div. 886 (N.Y. App. Div. 1917)

Summary

In Roberts v. Roberts, 131 Ark. 90, 198 S.W. 697 (1917), the widow of Thomas Roberts filed suit to set aside a deed her husband had executed on the day before their marriage.

Summary of this case from Efird v. Efird

Opinion

November, 1917.


The order of July 28, 1917, denying defendant's motion to resettle the order of July 3, 1917, denying his motion for a change of the place of trial of the action from Orange to Broome county, is reversed; the defendant's motion to resettle such order by omitting therefrom the following recital, "and the affidavits of Willison A. Roberts, verified June 15, 1917, of Lizzie Roberts and Wesley Roberts, each verified June 15, 1917, of Raphael T. Medrick, Frank H. Northrup, M.H. Mason and George E. Rosencranse, each verified June 14, 1917, and of Lloyd Stevens, S.A. Cisco, Ella M. Padien, William Lain, Jennie Higby, Gertrude Higby and F.K. Lamereaux, each verified June 15, 1917, and of Fred J. Huegle, verified June 16, 1917," is granted, and said order, as so resettled, is reversed and the defendant's motion to change the place of trial to Broome county is granted, upon the ground that plaintiff being a non-resident of the State, and defendant a resident of Broome county, he had the right to have the action tried in the county of his residence, and this right could not be defeated by proof that the convenience of witnesses and the ends of justice would be promoted by retaining the place of trial in Orange county, in which county neither party resided. ( Veeder v. Baker, 83 N.Y. 156; Lageza v. Chelsea Fibre Mills, 135 App. Div. 731.) Jenks, P.J., Mills, Rich, Putnam and Blackmar, JJ., concurred.


Summaries of

Roberts v. Roberts

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1917
181 App. Div. 886 (N.Y. App. Div. 1917)

In Roberts v. Roberts, 131 Ark. 90, 198 S.W. 697 (1917), the widow of Thomas Roberts filed suit to set aside a deed her husband had executed on the day before their marriage.

Summary of this case from Efird v. Efird
Case details for

Roberts v. Roberts

Case Details

Full title:LENA B. ROBERTS, Respondent, v. WILLISON A. ROBERTS, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 1, 1917

Citations

181 App. Div. 886 (N.Y. App. Div. 1917)

Citing Cases

Shamrock Development, Inc. v. Smith

Our jurisprudence reflects these historical limits on a state court's acquisition of personal jurisdiction by…

Efird v. Efird

In that case, however, the court reversed the trial court's setting aside of a deed from J.L. West to his…