General
Sill against Trumbull
1 Cow. 589·New York Supreme Court·1823·NY
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Opinion
Sill against Trumbull.
1“ general, costs are not granted upon denying a motion to change the venue ;
But where the motion is ’he ^ ver’s papers ^ts allowed.
J. Koon, moved to change the venue, but the affidavit for .... . me motion was detective, m not stating where the venue was laid.
I. Seelye, contra,
[MAJORITY — Curia.]
Curia.
The motion must be denied, with costs. In general, we do not give costs, on denying a motion to change the venue. But where the party moves on defective papers, and, for that reason, fails in his application, it is reasonable that costs should be allowed.
Rule accordingly.