Majority
p. 122Slosson ads. Wheaton. on the ground that this being an action for money had and received, a general affidavit was not sufficient.
Headnote
D. TEN BROECK moved to change the venue, on affidavit that the cause of action arose out of the county.Emoit opposed the motion,
It has already been decided, that in assumpsit, where the count is general, the coúrt
p. 123
will never chañare the venue on a general affidavit. To entitle the defendant to prevail in his motion, the affidavit must be special; that is, it must state, that the defendant has reason to believe that special matter is intended to be given in evidence, enumerate the particulars, and declare that it arose in the county to which he would remove the cause, and not -elsewhere.
Motion denied.