
    Rathbone and others vs. Harman.
    The venue will not be retained on the plaintiff’s stipulating to pay the expenses of defendant’s witnesses.
    Motion to change venue from Rensselaer to Schenectady, the defendant having 12 witnesses residing in Schenectady. The plaintiffs having 14 witnesses in Albany, and stipulate to pay all necessary expences of the defendant’s witnesses in attending the Rensselaer circuit.
   By the Court,

Marcy, J.

The defendant shews 12 witnesses in the county to which he moves to change the venue, and the plaintiffs have none residing in the county where the venue is laid. It is therefore of course that the motion be granted. The court do not regard the offer to pay the expenses of defendant’s witnesses; the principle governing the decision of motions of this kind is the convenience of witnesses. Motion granted.  