Tillinghast v. King

Headnote

Case for a libel, published in the N. Y, American>

thJvenue^m an action a tort, on the ground that the ⅛ “pari ^™lar must state, not “ause ofaction arose there, but that it did not arise elsewhere; and this actiorT'for^a newspaper li-

moved to change the venue from the county of Erie to the city and county of New- ⅝_ , York, on an affidavit that the cause of action, if any, arose in the latter county ; but the affidavit did not add, “ and not elsewhere out of the city and county of New-York.” On this ground, without proceeding to show that the libel had been dispersed in different counties; and agreeing that unless this was shewn, the action being for a tort, the 7 0 . 1 venue must be changed if the affidavit was sufficient;

objected that it was insufficient, for want of the words, “ and not elsewhere, &c.”