
    Hull vs. Hull.
    A motion to change yenue was granted, for the convenience of witnesses, though it was shown in opposition that they would have to travel some few miles further, in case the venue was changed, than if it remained where the plaintiff had laid it. The residence of the witnesses, rather than the distance they will have to travel, will generally control on questions of this sort
    
      M. T. Reynolds, for the defendant,
    moved to change the venue from Allegany to Cattarqugus, on an affidavit that the defendant had fifteen witnesses in the latter county.
    
      D. Burwell, for the plaintiff,
    read an affidavit showing that the defendant’s witnesses reside nearer the court-house in Allegany, where the venue was laid, than they do to the courthouse in Cattaraugus, to which the defendant proposed to change the venue—the witnesses having only 25 miles to travel in the one case, and 27 in the other.
   By the Court, Bronson, J.

On a question of venue, we look to the county in which the witnesses reside, rather than the distance they will have to travel; and if under any circumstances the distance should be allowed to control, the difference in the amount of travel in this case is too “inconsiderable to affect the question. As a general rule, the convenience of witnesses will be best consulted by having the trial in the county where they reside. ' That course will be less likely to disturb their social and business relations, than calling them into a foreign county.

Motion granted.  