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Cook v. Finch

2 How. Pr. 88 Court February Term, 1846. English

Delivered by Bronson, Chief Justice.

Contents

Majority

p. 88
Charles Cook agt. John Finch.

Headnote

In an affidavit for a motion to change the venue, the tom as well as the county in which the witnesses reside must.he stated. (1 Hovmrd's Practice Re* ports, 195.)
February Term, 1846.
Motion by defendant to change venue.'
p. 89
It was objected by plaintiff’s counsel that the defendant’s affidavit did not state the town where the witnesses resided.
H. Welles, defendants counsel.
E. Van Burén, defendants attorney.
J. A. Spencer, plaintiff's counsel.
L. N. B. Vanderlip, plaintiff's attorney.

The affidavit is defective in not stating the town as well as the county in which the witnesses reside.

Motion denied with costs, without prejudice.