Anon.

Decided January 15, 1830

New York Supreme Court · decided 1830-01-15

<p>To entitle a move a^cause from the súporior court, or to change the gtatT’tha^tiie witnesses ”r™eac/í and mery pi t}ie’p defence; °and that without the testimony of each and every of them he cannot safely so proceed to trial; in each case stating as.he is advised by counsel and verily believes,</p>

Cited by 5 later decisions — most recently February 1899

5 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1830-01-15

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¶1te By the Court,

Sutherland, J.

¶2mi „ . The affidavit upon which this motion is made is defective in not complying with the rules of this court. To entitle a party to an order to remove a cause from the superior court of the city of New-York into this court, or to a rule to change the venue, he must state that the witnesses named by him are each and every of them material to his defence, as he is advised by his counsel and *426verily believes, and that without the testimony of each and every 0f them, as he is also advised by counsel and verily beheves, he cannot safely proceed to the trial of the cause.