Goodrich v. Colvin
New York Supreme Court
J. M’Kown, for the defendants, moved to change the venue in this cause from the county of Steuben to the county of Oneida, on the ground that the action was debt on a judgment of this court; and the venue in the original cause was laid in the county of Oneida ; and the record of judgment filed in the office of the clerk of this court at XJlica, in the county of Oneida.
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J. M’Kown, for the defendants, moved to change the venue in this cause from the county of Steuben to the county of Oneida, on the ground that the action was debt on a judgment of this court; and the venue in the original cause was laid in the county of Oneida ; and the record of judgment filed in the office of the clerk of this court at XJlica, in the county of Oneida. He said, the action of debt on judgment is local; and the venue is confined to the place of filing the record and original venue. (1 Chit. PI. 272. 2 Tidd’s Pr. 1035. 2 John. Cas. 381. 9 John. Rep. 259.) The case cited from 2…
1Opinion of the Court
Curia.
Admitting the English practice to be as stated, there is no reason why we should follow it. The main object of a venue is to facilitate the obtaining and introduction of testimony at the trial. These trials in debt on judgment, when by record, are in term time, by the record itself, without regard to the place where it may filed. And if there be any other plea or issue than nul tiel record, the venue may be changed, to subserve the convenience of witnesses, as in ordinary cases. There is nothing in the nature of debt on judgment which makes it local.
Motion denied.-
2Cited by3 opinions
- Kingsland & Co. v. ForrestSupreme Court of Alabama · 1850
- Tettamanzi v. ZenoSupreme Court of Puerto Rico · 1917
- Tettamauzi v. ZenoSupreme Court of Puerto Rico · 1917