Brittan v. Peabody
Court for the Trial of Impeachments and Correction of Errors
moved to change the venue on an affidavit by Peabody, which stated, among other things, that a this deponent is advised by said counsel that said defendants have a good and substantial defence to said suit upon the merits, which advice this deponent believes to be true.”
1Opinion of the Court
By the Court,
Bronson, J.
The affidavit is clearly insufficient.
Motion denied.(a)
The following summary of cases on the subject of changing venue for the convenience of parties and witnesses may, it is believed, be of use to the profession ; as there is, perhaps, no other head of practice under which a greater number of questions are constantly arising at the special terms.
1. In what actions.] The venue maybe changed in all transitory actions, provided the court shall deem it necessary for the convenience of parties and their witnesses. (2 R. S. 409, § 2.) If the action be against a public…
2Cases cited33 opinions
- Van Kleeck v. Dutch ChurchNew York Supreme Court · 1838
- Sailly v. HuttonNew York Supreme Court · 1830
- Brown v. St. JohnNew York Supreme Court · 1838
- Kent v. DodgeNew York Supreme Court · 1808
- Anon.New York Supreme Court · 1830
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