9 Wend. 498
Decided April 15, 1833
New York Supreme Court · decided 1833-04-15
The defendants moved to change the venue. The plaintiff, on receiving notice of the motion, proposed to change the venue to the county, to which the defendants asked to have it changed, provided they would receive short notice of trial, the circuit in that county being about to be held; to which proposition the defendants refused to accede.
Decided 1833-04-15
¶1By the Court,
¶2The defendants should have accepted the plaintiff’s offer, and were bound to do so, unless ■. it was impossible for them to have prepared for trial on short notice. This is not even now offered as an excuse, and we *499cannot but perceive that the sole object of the defendants is delay. This motion therefore is denied, and such will be our order in all similar cases.