Canfield v. Lindley — 4 Cow. 532

Majority

p. 532

Canfield and Losey against Lindley.

Headnote

Thai witnesses reside in a neighboring state, near the place where the venue is reason forget tabling it.

In covenant, J. Dickson moved to change the venue from the city of Now York to the county of Monroo, on an affidavit stating the residence of throe material witnesses • ,, „ -i ,4.___„,,,„4.„ ln the latter COUllty.

Cr. Bronson, contra,

opposed this on the plaintiff’s affidavit that he had one witness'in the city of New York, and three in the state of New Jersey near the city of New York, whose attendance he expected to procure at the Circuit ; But,

We do not remember its ever having been held, that the fact of witnesses’ residing in a neighboring state is to weigh with us in fixing the venue. A commission may yet be necessary to examino them.

Motion granted