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Kent v. Dodge

3 Johns. 447 Court N.Y. Sup. Ct. English

Contents

Majority

p. 447
Kent against Dodge.
ALBANY,
August, 1808.

Headnote

The defendant may more to change the venue aftertissue joined, and at any time, where there has been no loss of trial, and no delay will be produced.
S. S. LUSH, in behalf of the defendant,
moved to change the venue in this cause.
Z. R. Shepherd, contra,
objected, that the application ought to have been made before plea pleaded, or at least at the next term after issue was joined.

It has been decided, that the defendant may move to change the venue after issue has been joined;[1] and this may be done at any time, where there has been no loss of trial, and no delay will be produced. Take, your rule.

Rule granted.

* Delavan v. Baldwin, 3 Caines, 104.