2 How. Pr. 278
Decided September 15, 1846
New York Supreme Court · decided 1846-09-15
Motion by William P. Stanton to change the venue. William P. Stanton, one of the defendants, moved to change the venue from the city and county of New-York to the county of Monroe; Henry Stanton, the other defendant, not having been served with a copy declaration at the time the motion was noticed. The action was assumpsit for a bill of goods and merchandise, sold and delivered by the plaintiffs to the defendants in the city of New-York.
Decided 1846-09-15
¶1Held, that where one defendant was served with declaration, and the other not served, the defendant served might move at once to change the venue; and if the other defendant should be served before motion made, the venue would be changed as to the defendant moving.
¶2In regard to the objection to plaintiffs’ affidavit, held, that the affidavit was defective; that the same formality was required, in an affidavit to oppose a motion to change a venue, as in making the motion. Motion granted.