Rathbone v. Harman

New York Supreme Court

Rathbone v. Harman

4 Wend. 208

New York Supreme Court·Decided May 15, 1830·Published·Cited by 1 cases

Opinion

By the Court,

Marcy, J.

The defendant shews 12 witnesses in the county to which he moves to change the venue, and the plaintiffs have none residing in the county where the venue is laid. It is therefore of course that the motion be granted. The court do not regard the offer to pay the expenses of defendant’s witnesses; the principle governing the decision of motions of this kind is the convenience of witnesses. Motion granted.

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By the Court,

Marcy, J.

The defendant shews 12 witnesses in the county to which he moves to change the venue, and the plaintiffs have none residing in the county where the venue is laid. It is therefore of course that the motion be granted. The court do not regard the offer to pay the expenses of defendant’s witnesses; the principle governing the decision of motions of this kind is the convenience of witnesses. Motion granted.

Rathbone v. Harman, 4 Wend. 208 (N.Y. Super. Ct. 1830).

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Opinion

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