Cochecho Railroad v. Farrington
Superior Court of New Hampshire
Assumpsit, brought to recover the amount of assessments upon certain shares in the plaintiffs’ railroad, alleged' to have been subscribed for and taken by the defendant.
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Assumpsit, brought to recover the amount of assessments upon certain shares in the plaintiffs’ railroad, alleged' to have been subscribed for and taken by the defendant. Before trial, the defendant moved the common pleas in Strafford county, where the action was commenced, that the same be transferred from Strafford to Merrimack, for trial in the latter county ; upon the ground that a fair and impartial trial of the cause could not be had in Strafford; and in support of the motion filed sundry affidavits, the purport of which will sufficiently appear in the opinion of the court. The…
1Opinion of the CourtEastman, J.
The practice of the courts of England to change the venue of transitory actions from one county to another is said to have been first commenced in 1603, in the reign of James I. 2 Black: Rep. 1033; 2 Salk. 670 ; 1 Bac. Ab. B. 35.
The practice is also said to have grown up under the statutes of 6 Richard II. chap. 2, and the 4th of Henry IY. chap. 18. Gould’s- Plead, chap. 3 § 103 note 19 ; 1 Tidd’s Prae. 544; 3 Black. Com. 294.
But whenever or however the practice originated, it became thoroughly engrafted upon the common law, long before the independence of this country; and from that time…
2Cases cited5 opinions
- State v. RollinsSuperior Court of New Hampshire · 1837
- Bowman v. ElyNew York Supreme Court · 1829
- Hurley v. Jeffersonville, Madison & Indianapolis RailroadIndiana Superior Court · 1873
- Messenger v. HolmesNew York Supreme Court · 1834
- President of the New-Windsor Turnpike Road v. WilsonNew York Supreme Court · 1805
3Cited by2 opinions
- State v. ValdezNew Mexico Court of Appeals · 1972
- State v. ValdezNew Mexico Court of Appeals · 1972