37 How. Pr. 28
Decided May 15, 1869
New York Supreme Court · decided 1869-05-15
Motion by defendant to change the venue to Cortland County. The affidavit of defendant stated “ that Frank M. Benjamin ” and others “ all of the county Cortland ” were material witnesses for him. This was the only specification of the residence of the witnesses. It contained the other usual statements.
Decided 1869-05-15
¶1I think where the affidavit specifies the county in which the witnesses reside, it complies with the requirements of the law.
¶2I do not regard it as necessaiy to specify the city, village or town. I shall therefore overrule the objection to the affidavits and hear the motion.
¶3Motion heard on the merits and a reference ordered.