Peet v. Billings
New York Supreme Court
Motion to change the venue. The defendant applied to change the venue from Columbia to Washington county, on an affidavit that he had 4 witnesses residing in the county of Washington, and 15 in towns in the state of Vermont adjacent to that county. The motion was resisted by the plaintiff shewing that he had 24 witnesses residing in the county of Litchfield (state of Connecticut) adjoining the county of Columbia, where the venue was laid.
1Opinion of the Court
By the Court, Sutherland, J.
The plaintiff’s affidavit discloses that all the witnesses of the plaintiff reside beyond the bounds of the state, and it is insisted by the defendants’ counsel that the convenience of such witnesses is not regarded by the court in their determinaton upon motions to change the venue. • Such undoubtedly is the sound construction of the rule by which the court is governed in questions of this kind. (4 Cowen, 532.) If the convenience of witnesses thus circumstanced is intended to be consulted, the party should examine them on commission. The court will *283not say, had…
2Cited by4 opinions
- Bank of St. Albans v. KnickerbackerNew York Supreme Court · 1831
- Mason v. BrownNew York Supreme Court · 1852
- Bentley v. WeaverNew York Supreme Court · 1800
- Brittan v. PeabodyCourt for the Trial of Impeachments and Correction of Errors · 1842