
    Johnson against Rogers and Rogers.
    The affidathe t0 Cyenue must state the sd’ts °{o°the ‘materiality of if/ic ivitncssRs
    
    E. Cowen
    moved to change the venue, in this cause, from the county of Warren to the county of Saratoga, on an affidavit, in which one of the defendants swore that he had upwards of 20 material witnesses residing in the latter county, an¿ jn counties south of this. He also swore that he had a good and substantial defence, on the merits, as he was advised by counsel and verily believed ; but the affidavit did not state that he was advised hy counsel that his witnesses were material; and, for this omission,
    
      
      R. Weston opposed the motion.
   Curia.

We require the same strictness, in this respect, as in shewing the defence on the merits generally. The party must, in both cases, swear to the advice of counsel.

Motion denied with costs.  