1 How. Pr. 122
Decided March 15, 1845
New York Supreme Court · decided 1845-03-15
<p>In a common action of assumpsit, where the defendant swears to seventy-eight witnesses as material to his defence, on motion to change the venue; it will be considered a fraud upon the court, unless the nature of the action is fully explained, to satisfy the court that the number of witnesses are necessary.</p>
Cited by 1 later decisions — most recently November 1876
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1845-03-15
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¶1Said he should order the motion to stand over to the next special term, that the defendant might show the nature of the action, in order to satisfy the court that he required the number of witnesses which he had sworn to. Unless an explanation was made, he should consider it a fraud upon the court, in swearing to the materiality of seventy-eight witnesses on a defence in a common action of assumpsit.
¶2Rule accordingly.