2 Wend. 282 | N.Y. Sup. Ct. | 1829
The plaintiff’s affidavit discloses that all the witnesses of the plaintiff reside beyond the bounds of the state, and it is insisted by the defendants’ counsel that the convenience of such witnesses is not regarded by the court in their determinaton upon motions to change the venue. • Such undoubtedly is the sound construction of the rule by which the court is governed in questions of this kind. (4 Cowen, 532.) If the convenience of witnesses thus circumstanced is intended to be consulted, the party should examine them on commission. The court will
Mr. Bushnell asked to have the motion continued, go that the defect in the affidavit might be supplied, which application was refused, and the motion granted.