Foster v. Swasey

WOODBURY, Circuit Justice.

The motion is refused, because it is so late. The place-of the plaintiff’s residence appears in the bill, and was known several terms ago. 1 Daniels, Eq. Prac. 36, 41; 3 Johns. Ch. 520. The motion, therefore, should have been made-before so much cost was incurred, and the case ready for a hearing. A motion of this kind, too, is granted only when the party is a resident abroad. Newl. Ch. Pr. 410. Cases exist where being resident in Ireland or Scot*581land has been regarded as abroad for this purpose. But those countries are under distinct judicial tribunals, and in some…