Simanton v. Moore
This text of 51 A. 621 (Simanton v. Moore) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The opinion of the court was delivered by
This is a motion to change venue in a transitory action. The plaintiff has laid the venue in Mercer county, where he resides.
The application of the defendant is to change the venue to the county of Warren, where he resides, and where, it is alleged, most of the witnesses reside.
The plaintiff has a right to lay the venue in Mercer county, subject to a change in the discretion of the court. Bell v. Morris Canal Co., 3 Gr. 63; Gen. Stat. (Practice act), § 230.
The court will not change the venue on the ground of inconvenience, upon any nice balancing of circumstances of mere accommodation to the parties; over these, the legal right of the plaintiff must prevail. Demarest v. Hurd, 17 Vroom 471.
The facility with which witnesses can reach the county seat of Mercer county by railroad leads the court to refuse the application of the' defendant.
The motion is denied, with costs.
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Cite This Page — Counsel Stack
51 A. 621, 65 N.J.L. 530, 36 Vroom 530, 1900 N.J. Sup. Ct. LEXIS 60, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simanton-v-moore-nj-1900.