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4 Johns. 481

Minor v. Garrison

New York Supreme Court

Decided August 15, 1809

New York Supreme Court · decided 1809-08-15

<p>On a motion to change the raniie, on account of material ivitnesses residing in another county, the dcfendthe° uflraber^of the witnesses, otherwise, the court cannot in.-* tend that he has' more than one»</p>

Decided 1809-08-15

Per Curiam.

¶1The defendants, in their affidavit, do not mention the number of their witnesses, nor whether they are material. The court cannot intend more than *482one ; and the plaintiff swears that he has also a material witness residing in Albany. There is no preponderance in favour of the defendants, to induce the court to change the venue. They ought to have stated the number of witnesses, to enable the court to judge of the expediency of granting the motion.

¶2Motion denied.

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