Sampson Ellis, Appellant, v. Charles Baker, Respondent

Sampson Ellis, Appellant, v. Charles Baker, Respondent. Venue—action for false imprisonment where an arrest took place in one county and the imprisonment in another. Where an action for false imprisonment is based upon the fact that the plaintiff was irrested in Saratoga county by the defendant, who was a deputy sheriff of Warren county, and was by such defendant carried to, and imprisoned in, the jail of Warren county, the action may properly be brought in Saratoga county, as a part of the cause of action arose therein. Appeal by the plaintiff, Sampson Ellis, from an order'of the Supreme Court, rpade at the Montgomery Special Term and entered in the office of the clerk of the county of Saratoga on the 28th day of January, 1901, granting the defendant’s motion to change the place of trial of the action from the county of Saratoga to the county of Warren. James F. Swaniek, for the appellant. George S. Raley, for the' respondent. [MAJORITY — Pee Cübiam :] Pee Cübiam : This is an appeal from an order granting a motion to change the place of trial from Saratoga county to Warren county, on the ground that the latter is the proper county. The action was for false imprisonment. From tlie papers used on the motion there is no doubt that the plaintiff was arrested ■ in Saratoga county by the defendant, who was deputy sheriff of Warren county, and was by him carried therefrom to, and imprisoned in, the jail of Warren county. As part of the cause of action, therefore, arose in Saratoga county, the action was properly brought there (Code Civ. Proc. § 983), and the defendant was not entitled to a change of venue on the ground on which motion was made. Order reversed, with ten dollars costs and disbursements. All concurred. Order reversed, with ten dollars costs and disbursements.