Delavan v. Baldwin

I am of opinion the venue ought to be changed as there has been no loss of trial, and there will be no delay. This I think ought to be the regulating principle, as these applications are to the discretion of the court.

I am against departing from the practice, by which defendants are restricted from making these motions after *105Nor do I think there is a sufficient reason for plea pleaded. not having asked for this favor in November last. But what weighs greatly with me is, that the application is on the eve of a circuit, and may impose rather hard terms on the plaintiff, r

I concur in the sentiments of my brother Livingston.

The only difficulty in my mind, was with regard to this request being after issue joined, subsequent to which, all increase of expenses ought, if possible, to be avoided. But as no delay will be created, I think we ought to grant the rule, and had the plaintiff shewn any hardship likely to arise from it, we might have imposed such terms as to prevent any injury a The laches I consider to have been entirely waived by accepting a plea.

That is the opinion I entertain. When a plaintiff receives a plea which he is not obliged to take, he cures the antecedent laches. I agree therefore with the Chief Justice and Mr. Justice Thompson.