Majority
p. 195Joseph A. Westbrook and Wife vs. Isaac A. Merritt.
Headnote
An affidavit for a motion to change the venue, must state the town, village or particular place of residence of the witnesses, in addition to the county. Stating the county only is not sufficient.Motion by defendant to change the venue.—This was a motion to change the venue from the county of Ulster to the county of Delaware, on the usual printed form of affidavit. The defendant, stated “ A. B.,
p. 196
&c., (naming his witnesses,) of the county of Delaware, are and each and every one of them is a material witness, &c.”
A. Taber, Defts Counsel. Parker and Palmer, Defts Attys.
J. Edwards, Plffs Counsel. . M. Schoonmaker, Plffs Atty.
The point taken in opposition to this motion was, that the affidavit was defective, in not stating the town-, village or particular place of residence of the witnesses, in addition to the county.
Held the objection a good one, and denied the motion with costs, without prejudice.