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Worley v. Scudder

WORLEY AND WELSH against SCUDDER AND CORYELL

Worley v. Scudder, 10 N.J.L. 231 (1828)
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Court
Supreme Court of New Jersey · State Highest Courts
Decided
November 15, 1828
Citations
10 N.J.L. 231
Headnotes
In a transitory action, if tho venue is not laid in the county whore the cause of action arose, or where the defendant resides, the court will on motion, and without affidavit of defence chango tho venue to the county where the defendant resides, if the plaintiff reside out of the state.
Summary
The plaintiffs in this case resided in Philadelphia, the defendants in Hunterdon county, and the venue was laid in Gloucester county.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

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Ch. Justice.

The doctrine of venue stands upon a different footing in this state from the English practice. In transitory actions, our statute regulates the place in which the venue should be laid, leaving the court the power to change it at their discretion to any of the designated places, which are ie the county in which the cause of action arose, or the plaintiff or defendant resides at the time of instituting the action, or if the defendant be not an inhabitant of the state, the county in which the process shall have been served upon him.” The plaintiff ought to lay his venue in one of these counties. In this case the venue is laid out of the prescribed bounds, and when this is shewn, we must bring it back within those bounds. If the defendants asked a favor, we might impose terms upon them and require an affidavit of merits ; but here they are asking only what the statute gives them. Let the venue be changed to the county of Hunterdon.

Ford, J. The statute is imperative, that the venue shall be laid in one of four places, but here it Is laid in neither.

Drake, concurred.

Venue -changed.

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