New York Supreme Court, 1846

Brodhead v. Stanton

Brodhead v. Stanton
New York Supreme Court · Decided September 15, 1846 · Bronson
2 How. Pr. 278

Counsel

M. T. Reynolds, defendants’ counsel., C. Hash, defendants’ attorney., F. S. Edwards, plaintiffs’ counsel., E."L. Fancher, plaintiffs’ attorney.

Brodhead v. Stanton

Opinion of the Court

Bronson, Chief Justice.

Held, that where one defendant was served with declaration, and the other not served, the defendant served might move at once to change the venue; and if the other defendant should be served before motion made, the venue would be changed as to the defendant moving.

In regard to the objection to plaintiffs’ affidavit, held, that the affidavit was defective; that the same formality was required, in an affidavit to oppose a motion to change a venue, as in making the motion. Motion granted.

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