
    Stoutenbergh against Legg and others.
    • Where the cause of action arises in the county where the venue is laid, and the plaintiff has material witnesses residing there he may retain the venue.
    
    L. ELMENDORF, for the defendants, moved to change the venue in this cause, from the city and county of NewYorTc to the county of Ulster, an affidavit, stating, “ that the attendance of a number of witnesses, material for the defence, on the part of the defendant, will be necessary in the trial of the cause, all of whom resided in the ■county of Ulster.”
    
    
      I. L. Kipp, centra,
    read an affidavit stating, that the ■suit was for goods sold and delivered, and that the cause •of action arose in the city of New-York, and that the witnesses of the plaintiff resided there, 
    
    
      
       See Wheaton v. Sloper, 2 John. Cas. Ill, 335. Wood v. Bishop, 5 Cowen, 414. The affidavit to change or retain a venue on the ground of a balance in the number of witnesses must state that each of the witnesses is material, ¿¡-c. without each of whose testimony, &c. as advised, «$c. 7 Cowen, 102.
    
   Per Curiam.

Rule refused. 
      
      
         See ante, 453. Manning v. Downing.
      
     