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Ten Broeck v. Mddlebrook

4 Wend. 205 Court N.Y. Sup. Ct. English

Contents

Majority

p. 205
Ten Broeck vs. Mddlebrook.

Headnote

The venue in a cause commenced in the superior court will not be changed in ordinary cases, after a trial had.

The Court refused to change the venue, the effect of which would have been to have removed this cause from the superior court of the city of New-York into this court. A trial

p. 206
had already been had in the superior court, and The Court said that although they possessed the power to grant the motion after one trial had, they thought it most fit in ordinary cases, the cause should remain in the superior court for a gecon¿ trial, and thereupon denied the motion.