Tuska v. Wood
New York Supreme Court
'Appeal from special term, New York county. Action by Alonzo L. Tuska against George B. Wood and others. Defendant moves to change place of trial to the county of Onondaga. The motion was denied, and defendants appeal. Affirmed.
1Per curiam
In view of the conflict as to the number of witnesses respectively to be produced upon the trial, and the bearing that their testimony would have upon , the issues, it cannot be said that, in determining that the convenience of witnesses would not be served by a change of place of trial, the judge at special term was guilty of a misuse of his discretion. Apart, however, from this, we think that the affidavits upon which the motion itself was based are clearly insufficient, within the case of Thurfjell v. Witherbee, 70 Hun, 401, 402, 24 N. Y. Supp. 278, wherein it is said:
“Affidavits to change…
2Cases cited1 opinion
- Thurfjell v. WitherbeeNew York Supreme Court · 1893
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