1 How. Pr. 156
Decided April 15, 1845
New York Supreme Court · decided 1845-04-15
Motion by defendants Sweet and Matthew C. Hoes, to change the venue from the county of Rensselaer to the city and county of JYew York.—The affidavit upon which the motion was founded was signed and sworn to by two defendants, to wit: Allen S. Sweet and Matthew C. Hoes. There was no reason stated in it why the other defendant did not join in making the motion.
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Decided 1845-04-15
Cited by 4 later decisions — most recently March 1978
4 state decisions
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¶1Denied the motion on the ground that no reason was shown by the papers, why all the defendants did not join in the motion. By the practice of this court, a motion to change the venue can only be made by all the defendants, unless a good reason is shown for their not joining in the motion—such as one of them has suffered a default, &c.
¶2Decision.—Motion denied with costs.