Welling v. Sweet
New York Supreme Court
Motion by defendants Sweet and Matthew C. Hoes, to change the venue from the county of Rensselaer to the city and county of JYew York.—The affidavit upon which the motion was founded was signed and sworn to by two defendants, to wit: Allen S. Sweet and Matthew C. Hoes. There was no reason stated in it why the other defendant did not join in making the motion.
1Opinion of the Court
Bronson, Chief Justice.
Denied the motion on the ground that no reason was shown by the papers, why all the defendants did not join in the motion. By the practice of this court, a motion to change the venue can only be made by all the defendants, unless a good reason is shown for their not joining in the motion—such as one of them has suffered a default, &c.
Decision.—Motion denied with costs.
2Cited by7 opinions
- Lyman v. Gramercy ClubAppellate Division of the Supreme Court of the State of New York · 1898
- Pieper v. Centinela Land Co.California Supreme Court · 1880
- O'Neil v. O'NeilCalifornia Supreme Court · 1880
- Rupp v. SwinefordWisconsin Supreme Court · 1876
- Metropolitan Tobacco Co. v. ShotzNew York Supreme Court · 1978
2 more not listed; retrieve them via the Exa API.