Legal Opinion
Chapin v. De Groff
New York Supreme Court
Decided August 15, 1825PublishedCited by 2 opinions
A. C. Paige, moved to change the venue in this cause from the county of Ontario to the county of Schenectady, on the usual affidavit,
1Opinion of the Court
Curia.
This motion might have been made at May term; instead of which, the defendant lies by, without excuse till the 25th of May. He then obtains an order to stay proceedings, which carries the plaintiff over the Ontario circuit, and produces the loss of a trial. If the defendant will wait till after issue joined, before he moves to change the venue, it behoves him to see that the plaintiff cannot lose a circuit by the delay. (Kent v. Dodge, 8 John. 447.)
Motion denied.
2Cited by2 opinions
- Schwartz v. CuylerAppellate Division of the Supreme Court of the State of New York · 1939
- Lynch v. MosherNew York Supreme Court · 1849