Delavan v. Baldwin
New York Supreme Court
MOTION by the defendant, to change the venue from the city and county of New-York to Onandaga. In November last, at which time the plaintiff was entitled to ennter a default for want of a plea, notice of a similar motion was given, but from the papers not having been received in season, by the agent of Baldwin's attorney, the application was not then made.
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MOTION by the defendant, to change the venue from the city and county of New-York to Onandaga. In November last, at which time the plaintiff was entitled to ennter a default for want of a plea, notice of a similar motion was given, but from the papers not having been received in season, by the agent of Baldwin's attorney, the application was not then made. In April a plea of the general issue was given and received. on these facts, argued, that though the general rule .as to changing the venue by a defendant, was? that it should not be granted after plea pleaded,* yet as the plaintiff might…
1Opinion of the CourtKent, C. J.
I am of opinion the venue ought to be changed as there has been no loss of trial, and there will be no delay. This I think ought to be the regulating principle, as these applications are to the discretion of the court.
2Cited by3 opinions
- Kent v. DodgeNew York Supreme Court · 1808
- State v. AddisonSupreme Court of South Carolina · 1871
- United States ex rel. Smith v. District CourtWisconsin Supreme Court · 1845