Majority
p. 129Herman M. Romeyn, agt. Charles King. April Term, 1846.
Headnote
"Where an incredible number of witnesses are sworn to by a defendant to change the venue, the.motion will be denied with costs on his own papers.Motion by defendant to change the venue from the county of Ulster to the city and county of New-York.
p. 130
It appeared that the action was libel. Defendant swore to one hundred and forty-three witnesses, residing in the city and county of New-York, as necessary, &c., and showed no special circumstances. Plaintiff’s counsel cited 1 Howard's Practice Reports, 132.
Charles H. Rapallo, defendants counsel and attorney.
M. T. Reynolds, plaintiff's counsel.
M. Schoonmaker, plaintiff’s attorney. ■ ,
Denied the motion, with costs, and stated that it was against all experience that so many witnesses were necessary in an action of libel, and,- without looking at the papers on the other side, he should deny the motion, with costs.