
    Swahtwotjt against Hoage.
    a motion to change the ve<> n^e* where,the that7 hechas on°thedmerfts¡ he must also add, as ke is “¿unit, as m othercaae3"
    MOTION op the part of the defendant to change rnt zv> . ° venue in this cause. The affidavit of the defendant stated, that he had a good and substantial defence on the merits ; but did not add, “ as he was advised by counsel.”
   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.
     