Minor v. Garrison

The defendants, in their affidavit, do not mention the number of their witnesses, nor whether they are material. The court cannot intend more than *482one ; and the plaintiff swears that he has also a material witness residing in Albany. There is no preponderance in favour of the defendants, to induce the court to change the venue. They ought to have stated the number of witnesses, to enable the court to judge of the expediency of granting the motion.

Motion denied.