Hull v. Hull

Decided October 15, 1841

New York Supreme Court · decided 1841-10-15

moved to change the venue from Allegany to Cattarqugus, on an affidavit that the defendant had fifteen witnesses in the latter county. read an affidavit showing that the defendant’s witnesses reside nearer the court-house in Allegany, where the venue was laid, than they do to the courthouse in Cattaraugus, to which the defendant proposed to change the venue—the witnesses having only 25 miles to travel in the one case, and 27 in the other.

Decided 1841-10-15

By the Court, Bronson, J.

¶1On a question of venue, we look to the county in which the witnesses reside, rather than the distance they will have to travel; and if under any circumstances the distance should be allowed to control, the difference in the amount of travel in this case is too “inconsiderable to affect the question. As a general rule, the convenience of witnesses will be best consulted by having the trial in the county where they reside. ' That course will be less likely to disturb their social and business relations, than calling them into a foreign county.

¶2Motion granted.