Majority
p. 126John Sandland agt. Edson Adams. April Term, 1846.
Headnote
Where the venue in an affidavit is laid in one county, and the officer who takes it resides in another; held bad, for want of jurisdiction. (2 Howard's Practice Reports, 86.)This was a motion by defendant to set aside an inquest and subsequent proceedings. A similar 'motion was made in February last, which was denied with $7 costs, without prejudice. The affidavit, which showed the reasons of defendant’s default for not trying the cause, &c., was made by the attorney for the defendant, and was entitled'“Westchester
p. 127
.county,” but was sworn to before ¥m. 0. E. English, a commissioner of deeds who was appointed for and resided in the city and county of New York.
Plaintiff's counsel cited 2 Howard's Practice Reports, 86.
M. T. Reynolds, defendants counsel.
Gr. Miles, defendants attorney.
J. Edwards, plaintiff's counsel.
York & Cook, plaintiff's attorneys.
Denied the motion with $7 costs, without prejudice, on the ground that the venue in the affidavit being Westchester county, and the officer residing in the city and county of New York, had no jurisdiction.