Cromwell against Van Rensselaer, gentleman, one, &c.

Cromwell against Van Rensselaer, gentleman, one, &c. A defendant seiior of this eourt. making an affidavit to .change the venue, need the SW<advice of counsel that his wittered. ^ Wa For thr r]lr' poses of the motion, the court will take ?otl“® tlie1 degree of counsel, J. S. Van Rensselaer, the defendant in person, moved to change the venue in this cause, but his affidavit did n0( state that his witnesses were material as advised by corn* . . J sel; nor did it state that he is a counsellor of this Court, •&' Conkhng, contra, objected that, for this reason, it was insufficient, Curia. We will take notice, for the purposes of this motion, that the defendant is himself a counsellor of this Court, ’ and requires no advice upon that question aliunde. Conkling, then shewing by affidavit, that a balance of witnesses for the plaintiff resided in the county where the venue was laid, the motion, for this reason, was denied, without costs° [MAJORITY] Rule accordingly.