Thurber v. Brown — 2 Hill & Den. 382

Majority

p. 382

Thurber vs. Brown.

Headnote

It is no answer to a motion to change venue, that the cause is at issue upon demurrer only.

Motion to change venue. The affidavit was in the usual form. In opposition to the motion it was objected that the cause was at issue upon demurrer to the declaration, and that no issue of fact had been joined.

Gay Stevens, for the defendant.

S. Boughton, for the plaintiff.

By the Court,

That is no reason why the motion should not be granted. A change of venue at this time may tend to further the proceedings and hasten the trial of the cause, in case the demurrer is decided against the defendant and an issue of fact is hereafter joined.

Motion granted.