Metcalf v. Clark & Watkins

New York Supreme Court

Metcalf v. Clark & Watkins

5 Johns. 361

DecidedFebruary 15, 1810

StatusPublished

This text of 5 Johns. 361 (Metcalf v. Clark & Watkins) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Metcalf v. Clark & Watkins, 5 Johns. 361 (N.Y. Super. Ct. 1810).

Pincite

Opinion

Per Curiam.

This application is different from a motion to set aside a judgment by default. The court exercise an equitable jurisdiction, in changing the venue in a ■cause. The rule as to the affidavit of merits in other cases, does not apply to the present motion. The plaintiff does not state that he has any witnesses residing in the county of Albany, to induce the court to retain the-venue. The defendant, therefore, must take his rule.

Rule granted.

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Per Curiam.

This application is different from a motion to set aside a judgment by default. The court exercise an equitable jurisdiction, in changing the venue in a ■cause. The rule as to the affidavit of merits in other cases, does not apply to the present motion. The plaintiff does not state that he has any witnesses residing in the county of Albany, to induce the court to retain the-venue. The defendant, therefore, must take his rule.

Rule granted.

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Bluebook (online)

5 Johns. 361, Counsel Stack Legal Research, https://law.counselstack.com/opinion/metcalf-v-clark-watkins-nysupct-1810.