
    Worthy against Gilbert.
    ALBANY,
    August, 1809.
    Where the plaintiff undertook to bear all the expenses of bringing the defendants witnesses to the county where the ‘venue is laid, the motion to change the venue, was denied. On a motion to change the venuei no costs are allowed on either side.
    N. WILLIAMS, for the defendant,
    moved to change the venue in this cause, from the county of Albany to the county of Oneida. He read an affidavit of the defendant, that the cause of action arose in the county of Oneida, &c. that he had a good and substantial defence on the merits, and that all his witnesses resided in the county of Oneida.
    
    
      Gold, contra,
    objected that the affidavit was too vague : that it ought to mention the number of witnesses. The defendant swears that all his witnesses reside in the county of Oneida ; but non constat, that he has one material witness in that county. Further, the defendant swears that he has a good defence, but not as he is advised by counsel. He offered to bear all the expenses of producing the defendant’s witnesses at the trial in Albany.
    
   Per Curiam.

On the stipulation of the plaintiff’s attorney, to pay all the expenses of bringing the defendant’s witnesses to Albany, we deny the motion to change the venue. From the general terms of the affidavit, we cannot infer that the defendant has more than one witness, residing in Oneida county; but it does not appear that the plaintiff has any witness in Albany. If the party himself .will undertake to swear that he has a good defence on the merits, it is sufficient on a motion to change the venue.

Gold asked for costs, for ópposing the motion, as it had been deified; but the Court said, that on a motion to change the venue, no costs were to be allowed on either side.

Motion, denied.  