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2 Cai. Cas. 374

Spencer v. Hulbert

New York Supreme Court

Decided February 15, 1805

New York Supreme Court · decided 1805-02-15

Simonds moved to change the venue to Onondaga, on affidavit by the defendant, that witnesses, which his counsel advised were material for him, resided there. The action is for goods sold and do livered in Hudson, where the plaintiff lives.

Decided 1805-02-15

Per Guriam.

¶1Here is special matter in addition to the common affidavit, and in such a case, unless the plaintiff will, by affidavit, state that he has one or more witnesses residing elsewhere than in the county where the venue is moved for, the court will order it to be changed. It is just and reasonable, where the plaintiff has no witnesses out of the county where the venue is moved for, that we should grant the application *even though the action be goods sold and delivered, or other transitory matter.

¶2Yenue changed.

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