New York Supreme Court, 1819

Swartwout v. Hoage

New York Supreme Court · Decided January 15, 1819

16 Johns. 3

Opinion of the Court

Per Curiam.

We perceive so great a laxity in affidavits to change the venue, that we think it necessary to adopt a stricter rule than has hitherto been observed in this respect; *4and shall require the party, who swears to a defence, to statei <t as he is advised by counsel.”(a)

Motion denied.

In Metcalf v. Clark, 5 Johns. Rep. 361. it wtis decided, that these words were not necessary, on a motion to change the venue.

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