Majority
p. 248William Chappell vs. Peleg Matteson.
Headnote
On motion by defendant to change the venue, and the plaintiff answers that a default has been entered, the defendant may have leave to renew the motion after the default is disposed of.Motion by defendant to change the venue, from Monroe to Jefferson.— The plaintiff showed that the suit was brought on a promissory note and not having received a plea, on the last day for pleading he entered de
p. 249
fend ant’s default: two days afterwards he received by mail from defendant’s attorney (who resided at Watertown, and plaintiff’s attorney at Rochester) a plea post marked Watertown, N. Y., but on what day it was mailed he was unable to say, as it was very indistinct; and finding defect in the affidavit or merits he returned the plea to defendant’s attorney with his objections.
R. W. Peckham, Lefts Counsel. Chas. D. Weight, Lefts Atty.
P. Cagger, Plffs Counsel. Jas. L. Angle, Plffs Atty.
Denied the motion, with costs, and without pre- . judice to defendant’s right to renew the motion, after the default was disposed of.