Smith v. Prior
New York Supreme Court
The defendants moved to change the venue. The plaintiff, on receiving notice of the motion, proposed to change the venue to the county, to which the defendants asked to have it changed, provided they would receive short notice of trial, the circuit in that county being about to be held; to which proposition the defendants refused to accede.
1Opinion of the Court
By the Court,
Savage, Ch. J.
The defendants should have accepted the plaintiff’s offer, and were bound to do so, unless ■. it was impossible for them to have prepared for trial on short notice. This is not even now offered as an excuse, and we *499cannot but perceive that the sole object of the defendants is delay. This motion therefore is denied, and such will be our order in all similar cases.
2Cited by2 opinions
- Garlock v. DunkleNew York Supreme Court · 1840
- Brittan v. PeabodyCourt for the Trial of Impeachments and Correction of Errors · 1842