
    Nicholson, against Lothrop.
    In an actionfqr defendant^ ^ swears that the libel was published in a diffrom ^hat^in which the that he has a ma' es residing in the^court will direct the venue to be changed;
    GOLD, in behalf of the defendant,
    moved to change the venue, in this cause, from the county, of Albany, to the county of Oneida. The action was for a libel, stated to have been published by the defendant, in a paper printed at Utica, in the county of Oneida, where the defendant resides. It was stated, that the cause of action, if any, arose in Oneida county, and that the defendant had a number of witnesses in that county, and also in the county of Herkimer.
    
   Per Curiam.

As the defendant states, that he has material witnesses in the counties of Oneida and Herkimer, without mentioning how many of them reside in each, and , as the plaintiff resides m the latter county, we grant the motion, with liberty to the plaintiff to elect, within twenty days, to lay his venue either in Oneida or Herkimer.

Rule granted.,  