Majority
p. 536Wallace and another vs. Bond and another.
Headnote
Where' a motion was made to change the venue from New-York to Livingston county, upon an affidavit of one hundred and sixteen witnesses, and it appeared from the opposing papers that the suit was for a conspiracy in obtaining goods by false pretences—that one of the defendants had declared he wanted the witnesses to prove the good character of his co-defendant—and that the plaintiff had fifteen witnesses residing in Néw-York, where the transaction occurred for which the suit was brought: Held, that the motion was evidently an attempted fraud upon the practice of the court, and should therefore be denied, with costs.R. W. Peckham, for the defendants,
moved to change the venue from the city and county of New-York to the county of Livingston, on an affidavit setting forth the names of one hundred and sixteen witnesses residing in the latter county.
J. S. Bosworth, for the plaintiffs,
read aft affidavit stating that the action was for a conspiracy in obtaining goods upon false pretences ; that the transaction occurred in the city of New-York; that one of the defendants had declared he wanted the witnesses named in the moving papers for the purpose of proving the good character of his co-defendant; arid that there were
p. 537
fifteen material witnesses for the plaintiffs residing in the city of New-York.
By the Court,
This motion is evidently an attempted fraud upon the practice of the court, and must therefore be denied, with costs.
Ordered accordingly.[1]
(a) (a) See the note to Brittan v. Peabody, ante, p. 63, pl. 3; also id.p. 68, pl. 8.