Bogert v. Hildreth
New York Supreme Court
This was an action for an escape from execution. The v'enue was laid in the city of New-York. The defendant, at a former term, on an affidavit stating the cause of action (if any) to have arisen in the county of Montgomery, and adding that his witnesses; who were numerous, resided in that county, moved -to change the venue from New-York to Montgomery.
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This was an action for an escape from execution. The v'enue was laid in the city of New-York. The defendant, at a former term, on an affidavit stating the cause of action (if any) to have arisen in the county of Montgomery, and adding that his witnesses; who were numerous, resided in that county, moved -to change the venue from New-York to Montgomery. It was then contended, that this action was so far local that the plaintiff was bound to lay the venue in the county where the prisoner had escaped; but the court was of . opinion that the suit was transitory; that the plaintiffs had a right to…
1Opinion of the CourtLivingston, J.
This is a motion to vacate a rule entered the last term, “ for changing the venue to Montgomery, unless the plaintiffs would undertake to give evidence material to the issue Arising in the city and county of New-York.” It is now said,- that the court committed an error in changing the *3venue; because, there being matter of law and matter in pais, material to the issue, in different counties,-the plaintiff • might elect to lay his action in either; and that, in such cases, it cannot be changed, unless for urgent or particular reasons. This rule, when well understood, is a salutary one, but it…
2Cases cited2 opinions
- Clark v. LawrenceNew York Supreme Court · 1823
- Moreland v. SanfordCourt for the Trial of Impeachments and Correction of Errors · 1845