
    Levi Harris agt. Ralph Clark et al, ex’rs, &c.
    In an affidavit for a motion to change venue, defendant must swear that each and every of the witnesses, &c.; “ all and every of the witnesses, &c.; ” held bad.
    
      February Term, 1846.
    Motion by defendants to change venue.
    Objection was made to the sufficiency of defendant’s affidavit upon which he moved ; that part objected to, read as follows : “ and that, as he is advised by the said counsel and verily believes, the defendants cannot safely proceed to the trial of this cause, without the testimony of all and every of the witnesses above named, (instead of each and every of the- witnesses, &c.)
    G. R. J. Bowdoin, defendants' counsel.
    
    
      3. H. Magher, defendants' attorney.
    
    P. Cagger, plaintiff's counsel.
    
    
      3. E. Babcock, plaintiff's attorney.
    
   Bronson, Chief Justice.

Thought this point was decided as long ago as the 9 Wend. Motion denied, with costs, without prejudice.  