Kramer v. Harder Manufacturing Corp.

Order denying motion to change place of trial reversed on the law and the facts, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. The affidavit filed by the plaintiff herein fails to allege that the plaintiff had stated to his counsel the facts which he expected to prove by the witnesses named in the affidavit. It also fails to state that his counsel advised him that these witnesses were necessary and material and that without the testimony of each and every one of them they could not safely proceed to the trial of the action. These are not only essential…