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Swahtwotjt against Hoage

New York Supreme Court of Judicature1819-01
16 Johns. 3

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

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; and shall require the party, who swears to a defence, to statei <t as he is advised by counsel.” 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.