Spencer v. Hulbert

New York Supreme Court

Spencer v. Hulbert

2 Cai. Cas. 374, 1 Cole. & Cai. Cas. 418

DecidedFebruary 15, 1805

StatusPublished

This text of 2 Cai. Cas. 374 (Spencer v. Hulbert) 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

Spencer v. Hulbert, 2 Cai. Cas. 374, 1 Cole. & Cai. Cas. 418 (N.Y. Super. Ct. 1805).

Pincite

Opinion

Per Guriam.

Here is special matter in addition to the common affidavit, and in such a case, unless the plaintiff will, by affidavit, state that he has one or more witnesses residing elsewhere than in the county where the venue is moved for, the court will order it to be changed. It is just and reasonable, where the plaintiff has no witnesses out of the county where the venue is moved for, that we should grant the application *even though the action be goods sold and delivered, or other transitory matter.

Yenue changed.

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Per Guriam.

Here is special matter in addition to the common affidavit, and in such a case, unless the plaintiff will, by affidavit, state that he has one or more witnesses residing elsewhere than in the county where the venue is moved for, the court will order it to be changed. It is just and reasonable, where the plaintiff has no witnesses out of the county where the venue is moved for, that we should grant the application *even though the action be goods sold and delivered, or other transitory matter.

Yenue changed.

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Bluebook (online)

2 Cai. Cas. 374, 1 Cole. & Cai. Cas. 418, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spencer-v-hulbert-nysupct-1805.