Sinnit v. Cambridge Valley Agricultural Society & Stock Breeders' Ass'n
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Cambridge Valley Agricultural Society and Stock Breeders’ Association, _from an order.. of the Supreme Court, made at the Saratoga' Special Term and entered in the office of the clerk of the county-of Albany on the 27th day of December, 1897, denying the defendant’s motion to change the place of trial of the action from the county of Albany to the county of Washington.
1Per curiam
The order denying the motion to. change the place of trial recites the reading and filing of an affidavit “ by which it appears that defendant expects to prove certain facts by certain witnesses residing in Washington county, but discloses no source of information that such witnesses will swear to the facts therein stated.” No affidavit was read in opposition to the motion, but it was disposed of upon the ground above quoted. Failure to allege upon what the defendant founds his expectations that the witnesses named by him will testify to the facts' stated, is held in the first department to…
2Cases cited1 opinion
- Bell v. Whitehead Bros.Appellate Division of the Supreme Court of the State of New York · 1896
3Cited by1 opinion
- Sinnit v. Cambridge Valley Agricultural Society & Stock Breeders' Ass'nNew York Supreme Court · 1899