King v. Burr

Decided August 15, 1822

New York Supreme Court · decided 1822-08-15

THE defendant, in this cause, moved to change the venue from the county of Dutchess to the city of New-York, on *e ground that he had material witnesses residing in the latter place $ and, also, because, being an attorney and counsellor of the Court, and living in the city of New-York, he was privileged to have the venue where he resided, and where the Court w*as held; and such, he said, was the English practice.

Decided 1822-08-15

Per Curiam.

¶1We do not recognise any such privilege of attorneys or counsellors of this Court; but shall direct the venue to be changed or not, as it may be most convenient to the parties. The defendant, in this case, swears, that *275he has material witnesses residing in the city oí New-York ‘ and the plaintiff’s attorney swears, also, to witnesses on his part; but the plaintiff himself has made no affidavit. We grant the motion, on the ground of the defendant’s affidavit, as to material witnesses for him in JYew-York.

¶2Motion granted.