Stimson v. Stimson

The plaintiff resides in Saratoga county, the defendant in Montgomery. The venue is laid in Albany. The defendant moves to change to Montgomery. He is undoubtedly entitled to have the motion granted, unless the plaintiff’s counter-motion can prevail. After defendant had served his notice of motion, plaintiff served affidavit and notice of motion, to be heard at the same time and place, to retain the venue at Albany for convenience of witnesses, showing enough necessary witnesses. The defendant shows no witnesses in opposition, but insists that the motion cannot be heard here, and that he is…