12 Wend. 200
Decided August 7, 1834
New York Supreme Court · decided 1834-08-07
Benham, one of the defendants in this cause, moved to change the venue, the other defendant having suffered a default. It. was objected by the plaintiff that one defendant cannot move to change the venue, unless the other joins in the application ; and 6 Wendell, 508, was cited.
Cited by 3 later decisions — most recently January 1881
3 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1834-08-07
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¶1By the Court,
¶2The objection cannot prevail in this case ; the defendant, who has suffered a default, has no interest in this motion ; he cannot call witnesses on the trial, and therefore the convenience of his witnesses cannot be urged as an objection to the motion; all he can do is to cross-examine the plaintiff’s witnesses.
¶3Motion granted.