Porter v. Mann

Court for the Trial of Impeachments and Correction of Errors

Decided June 15, 1842

Court for the Trial of Impeachments and Correction of Errors · decided 1842-06-15

0. Allen moved to change the venue in this cause on ati affidavit of the defendant that the witnesses were each and every of them material &c., and that without the testimony of each and every of them he could not safely proceed to the trial. objected that the affidavit was insufficient in not stating that the defendant could not safely proceed to the trial of this cause. But,

Decided 1842-06-15

Bronson, J.

¶1held the affidavit to be sufficient; saying, that the word “ trial” must be understood as referring to the cause in which the affidavit was made,

¶2Motion granted, (a)

¶3As to the requisites of an affidavit to change venue, see the note to Brittan v. Peabody, (ante, p. 64 to 66.)