
    John Sandland agt. Edson Adams.
    Where the venue in an affidavit is laid in one county, and the officer who takes it resides in another; held bad, for want of jurisdiction. (2 Howard's Practice Reports, 86.)
    
      April Term, 1846.
    This was a motion by defendant to set aside an inquest and subsequent proceedings. A similar 'motion was made in February last, which was denied with $7 costs, without prejudice. The affidavit, which showed the reasons of defendant’s default for not trying the cause, &c., was made by the attorney for the defendant, and was entitled'“Westchester .county,” but was sworn to before ¥m. 0. E. English, a commissioner of deeds who was appointed for and resided in the city and county of New York.
    Plaintiff's counsel cited 2 Howard's Practice Reports, 86.
    M. T. Reynolds, defendants counsel.
    
    Gr. Miles, defendants attorney.
    
    J. Edwards, plaintiff's counsel.
    
    York & Cook, plaintiff's attorneys.
    
   Beardsley, Justice.

Denied the motion with $7 costs, without prejudice, on the ground that the venue in the affidavit being Westchester county, and the officer residing in the city and county of New York, had no jurisdiction.  