Smith v. Mack

Appeal from an order of the Albany special term, denying a motion made by defendant to change the place of trial from the county of Columbia to that of Albany. The plaintiff insists that the defendant’s moving affidavit is fatally defective, in omitting to state that the witnesses named are not only material, but also “necessary.” The part of the affidavit referred to, after stating the names and residences of each of the witnesses, is as follows:

“Are each and every of them material witnesses for this deponent on the trial of this cause, as he is advised by said counsel, and verily believes,…