Franklin v. Underhill

2 Johns. 374

• Court: New York Supreme Court
• Decided: August 15, 1807
• Status: Published

Opinion

Per Curiam.

The plaintiffs, on their stipulation, might retain the venue where it is laid;

* but we do not think, that there is any necessity for them to undertake to give material evidence in New-YorJc. When a defendant applies to change the venue, he must swear positively that the cause of action arose in another county. The affidavit of the present defendant is not positive. He swears merely as to his belief.. '

Rule refused.

Tidd, 529.