General
Benjamin M. Mumford v. Peter A. Cammann
1 Cole. & Cai. Cas. 482·New York Supreme Court·1805·NY
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Opinion
Benjamin M. Mumford v. Peter A. Cammann.
THIS was an application to change the venue from the county of Kings, to the city and county of New. York, on an affidavit, that all the witnesses of the defendant resided in the city of New-York.
[MAJORITY — Per Curiam.]
Per Curiam.
The rule we have laid down, as to allowing the defendant to bring back the venue, when his witnesses reside in the county to which it is to be removed, and the plaintiff does not show he has any where it is laid, cannot apply to a case like the present. The court-house of the county of Kings is so contiguous to the city of JVexv- York, that there is no hardship in carrying witnesses from one place to the other. There is hardly a county in the state, in which the witnesses who attend a trial, do not travel further than they will in the present suit. Take nothing by the motion.