
    Minor against Garrison and Baker.
    ALBANY,
    August, 1809.
    On a motion to change the raniie, on account of material ivitnesses residing in another county, the dcfendthe° uflraber^of the witnesses, otherwise, the court cannot in.-* tend that he has' more than one»
    W. WOOD, for the defendants,
    moved to change the venue from Albany to the county of Cayuga. He read an affidavit, stating that the cause or action arose m the county of Cayuga, and was rounded on a special contract; that he had a good and substantial defence, and that “ all his witnesses, of which he had several,” sided in the county of. Cayuga.
    Sedgwick, contra,
    read the affidavit of the plaintiff, that he had, “ a material witness in the cause, who resided in the county of Albany.”
   Per Curiam.

The defendants, in their affidavit, do not mention the number of their witnesses, nor whether they are material. The court cannot intend more than one ; and the plaintiff swears that he has also a material witness residing in Albany. There is no preponderance in favour of the defendants, to induce the court to change the venue. They ought to have stated the number of witnesses, to enable the court to judge of the expediency of granting the motion.

Motion denied.  