Metcalf v. Clark & Watkins

This application is different from a motion to set aside a judgment by default. The court exercise an equitable jurisdiction, in changing the venue in a ■cause. The rule as to the affidavit of merits in other cases, does not apply to the present motion. The plaintiff does not state that he has any witnesses residing in the county of Albany, to induce the court to retain the-venue. The defendant, therefore, must take his rule.

Rule granted.