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2 How. Pr. 90

Dimon v. Dimon

New York Supreme Court

Decided February 15, 1846

New York Supreme Court · decided 1846-02-15

Motion by defendant, at last December special term, to change venue. Plaintiff’s counsel objected to the sufficiency of defendant’s affidavit, which stated (after naming the witnesses) “ who each and all reside in Tompkins county, are material witnesses for the defendant on the trial of this cause, without the testimony of whom, and the testimony of each and every of whom, he cannot safely proceed,” &c.

Decided 1846-02-15

¶1Plaintiff’s counsel objected to the sufficiency of the affidavit, on the ground that it did not state that each and every of the witnesses were material, &c.

Jewett, Justice.

¶2Denied the motion with costs, without prejudice, upon the defects mentioned in the affidavit.

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