Young v. Arndt

Decided September 15, 1845

New York Supreme Court · decided 1845-09-15

*Motion by defendant to change the venue.—An objection was taken to the affidavit upon which defendant moved, that it was not repeated in the affidavit that “ each and every” of the witnesses were material to his defence, &c. That part of the affidavit to which objection was made read as follows, (after naming the witnesses) “ are each and every of them material witnesses for this deponent on the trial of said cause as he is advised by his said counsel and believes, without…

Decided 1845-09-15

¶1Plaintiffs counsel insisted that the affidavit should have read; “ without whose testimony and the testimony of each and every of them, &c.” 3 Wend., 19Wend.

Beardsley, Justice.

¶2The affidavit does not seem to come within the rule, in that respect. Motion denied, with costs, without prejudice.