Porter v. Mann — 4 Hill & Den. 540

Majority

p. 540

Porter vs. Mann.

Headnote

An affidavit to change venue stated that without the testimony of each and every1 of the witnesses the défendant could not safely proceed to the trial, without add, ing the words, of this canse ; yet, held sufficient.

0. Allen moved to change the venue in this cause on ati affidavit of the defendant that the witnesses were each and every of them material &c., and that without the testimony of each and every of them he could not safely proceed to the trial.

D. Bufwell, for the plaintiff,

objected that the affidavit was insufficient in not stating that the defendant could not safely proceed to the trial of this cause. But,

held the affidavit to be sufficient; saying, that the word “ trial” must be understood as referring to the cause in which the affidavit was made,

Motion granted,^[1]

(a) (a) As to the requisites of an affidavit to change venue, see the note to Brittan v. Peabody, (ante, p. 64 to 66.)