Hart v. Oatman

Decided October 25, 1847

New York Supreme Court · decided 1847-10-25

Motion to change the venue from New-York to Monroe; on the ground, among others, that neither of the parties to this suit are residents of the city of New-York, but that one of them resides in Seneca county and the other in Monroe, and that the suit was commenced after the first Monday of July, 1847.

Decided 1847-10-25

Edmonds, J.

¶1On the principle established by the court of errors, in Henry v. Bank of Salina, (5 Hill, 523,) the plaintiff in interest in the suit is intended by the statute; rather than the party to the record. And as by granting the motion the plaintiff would lose a trial, it must be denied.(a)

¶2 The section of the judiciary act under which this decision was made was repealed by the 17th section of the statute amending that'Sct, passed Dec. 14, 1847.