
    Abrams and Rolfe against Wood and others.
    IN TRESPASS.
    ON motion to open a judgment, by default, entered at Novcmber Term, 1817. '
    
       l. JudgSTÍ plead.
    
       2. Change of venue.
    _ Scott for defendant. Chetwood for plaintiff.
    An affidavit of Samuel Gordon was read, stating, that before the return of the writ, he met Rolfe, one of the defendants, and told him he was coming to Trenton; that Rolfe gave him a copy of the writ, and 15 dollars, to retain Mr. Diving, as attorney in this cause; that he was accidentally prevented from coming to Trenton, and therefore did not retain Mr. Ewing; that he believed it would be sufficient to engage an attorney at December court, in Middlesex, where he understood the cause was to be tried, and therefore he did not inform either of the defendants, that he had not retained an attorney for them, until, to his great surprise, he was told by Rolfe, that judgment had been entered against them. An affidavit of Rolfe’s states ; that he gave the money mentioned by Gordon, for the purpose stated by him, and did believe it had been applied as directed, and that Mr. Ewing was attending to the suit, until he went to employ counsel to try his cause, when he heard of the judgment; that he and Abrams, have a just defence; that they reside in Middlesex; that the writ was served there ; and that the cause of action, if any, arose between Governor’s and Gibbet islands in tbe harbour of New- York.
    
    
      
      
         Miller vs. Alexander, Coxe 400. Den, Riker vs. Ball, Pen. *974. Alderman vs. Diament, 2 Hal. 199. Gulick vs. Thompson, post 292. Crane vs. Condit, 1 Har. 349. Halsey vs. Van Wagenen, 1 Har. 350. Binsse vs. Barker, 1 Green, 263. Silvers vs. Reynolds, 3 Har. 238. Bell ads. Kelly, 3 Har. 270. Davis ads. Winants, 3 Har. 306. Truax vs. Roberts, post 288.
      
    
    
      
      
         Hall ads. Bank, post 718. Kerr vs. Bank, post 363. Worley vs. Scudder, 5 Hal. 231. Bell vs. Morris Canal, 3 Green 63. Thorn vs. Central R. R., 2 Dutch. 121. Wildes vs. Mairs, 1 Hal. 320. Meldrum vs. Sarvis, Coxe 203. Murray vs. N. J. R. R. Co., 3 Zab. 63. McMenomy vs. Williamson, 6 Hal. 316. Den. Lee vs. Evaul, Coxe 201.
      
    
   By the Court.

The facts authorize the opening of the judgment. Let the defendants pay the costs, and plead within ten days.

Mr. Scott then moved upon the above mentioned affidavit of Rolfe, that the venue be changed from Essex to Middlesex.

Chetwood objected: and

*By the Court.

The affidavit does not state facts, sufficient for that purpose. The cause of action did not arise in Middlesex, and there is no proof that the witnesses of either party reside there. Let the venue remain in Essex.  