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Du Boys v. Fronk

1 Cole. & Cai. Cas. 446 Court N.Y. Sup. Ct. English

Delivered by Kent, C. J.

Contents

Majority

p. 446
Lewis Du Boys v. Henry Fronk.

Headnote

SANFORD moved to change the venue in an action of covenant, from Dutchess to Montgomery, on an affidavit stating that he had a great number of witnesses, all of whom, excepting one in Rensselaer, resided in Montgomery.
G. Van Ness, contra.
The action is transitory.

We last term decided, that where the body of witnesses resided in a county different from that in which the venue was laid, we would change it on the application of the defendant, unless the plaintiff show that he has witnesses where the venue is laid. Take your motion.