General

Slosson ads. Wheaton

1 Cole. Cas. 121·New York Supreme Court·1800·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

Slosson ads. Wheaton. D. TEN BROECK moved to change the venue, on affidavit that the cause of action arose out of the county. Emott opposed the motion, on the ground that this being an action for money had and received, a general affidavit was not sufficient. [MAJORITY — Per Curiam.] Per Curiam. It has already been decided, that in assumpsit, where the count is general, the Court will never change the venue on a general affidavit. To entitle the defendant to prevail in his motion, the affidavit must be special, that is, it must state. that the defendant has reason to believe that special matter is intended to be given in evidence, enumerate the particulars, and declare that it arose in the county to which he would remove the cause, and not elsewhere. Motion denied.