Jacob v. Town of Oyster Bay
Appellate Division of the Supreme Court of the State of New York
Appeal, by- the plaintiff-, Leonard Jacob, from an order of. the Supreme Court, made at the Kings County Special Term and entered in the office of the .clerk of the county of Nassau On the 7tlr day of March, 1907, denying the plaintiff’s motion to change "the place of'trial-of the action..
1Opinion of the Court
Jenks, J. :
The learned justice presiding at the Special Term, in the opinion handed do^m upon the-denial of this motion, wrote that the • motion could be granted only when it is conclusively shown that an impartial trial could not be had in the proper county; whereas, the statute is that the place of trial may be changed." where there is reason to believe that an impartial trial cannot be had in the ■ proper County.” (Code Civ. Proc. | 987, subd. 2.) Hence the-decision may have been made upon a mistaken view of the law prejudicial to the plaintiff.
The learned justice also wrote that a trial…
2Cases cited1 opinion
- People v. . McLaughlinNew York Court of Appeals · 1896
3Cited by6 opinions
- People v. Spring Valley Co.California Court of Appeal · 1952
- Long Island Lighting Co. v. New England Petroleum Corp.New York Supreme Court · 1974
- Althiser v. Richmondville Creamery Co.New York Supreme Court · 1960
- People v. WilliamsNew York Supreme Court · 1919
- People v. RyanNew York Supreme Court · 1924
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