Legal Opinion
Chace v. Benham
New York Supreme Court
Decided August 7, 1834PublishedCited by 1 opinion
Benham, one of the defendants in this cause, moved to change the venue, the other defendant having suffered a default. It. was objected by the plaintiff that one defendant cannot move to change the venue, unless the other joins in the application ; and 6 Wendell, 508, was cited.
1Opinion of the Court
By the Court,
Nelson, J.
The objection cannot prevail in this case ; the defendant, who has suffered a default, has no interest in this motion ; he cannot call witnesses on the trial, and therefore the convenience of his witnesses cannot be urged as an objection to the motion; all he can do is to cross-examine the plaintiff’s witnesses.
Motion granted.
2Cited by1 opinion
- Sherman v. GregoryNew York Supreme Court · 1872