Property · MBE-tested
Lewis Du Boys against Henry Fronk
3 Cai. 95·New York Supreme Court of Judicature·1805·NY
Brief incoming
Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.
Opinion
Lewis Du Boys against Henry Fronk.
The residence of witnesses is a good cause for changing the venue, unless the plaintiff shew his residence where it is laid.
Sanford, moved to change the venue in an action of covenant, from Dutchess to Montgomery on an affidavit, stating that he had a great number of witnesses, all of whom, excepting one in Mensellaer, resided in Montgomery.
G. Fan JVess, contra.
The action is transitory,
[MAJORITY — Kent, C. J. ’]
Kent, C. J. ’
We last term decided, that where the body of ' witnesses resided in a county, different from that in which the •renue was laid, v/e would change it on the application of the defendant, unless the plaintiff shew that he has witnesses where the venue is laid. Take your motion.