
    Chace vs. Benham and another.
    In an action against two defendants, one of them may move to change the venue, where the other has suffered a default.
    August 7.
    Benham, one of the defendants in this cause, moved to change the venue, the other defendant having suffered a default. It. was objected by the plaintiff that one defendant cannot move to change the venue, unless the other joins in the application ; and 6 Wendell, 508, was cited.
   By the Court,

Nelson, J.

The objection cannot prevail in this case ; the defendant, who has suffered a default, has no interest in this motion ; he cannot call witnesses on the trial, and therefore the convenience of his witnesses cannot be urged as an objection to the motion; all he can do is to cross-examine the plaintiff’s witnesses.

Motion granted.  