Barnes v. Roosevelt
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Theodore Roosevelt, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 5th day of October, 1914.
1Dissent
Howard, J. (dissenting):
I regret that I cannot concur with my colleagues in their conclusion that the venue in this case should be changed. William Barnes has sued Theodore Roosevelt for libel. The defendant alleges that he will not be able to obtain an impartial juiy or get a fair trial in Albany county; and he is asking the court to order the trial into some other county. The Oode says that “ where there is reason to believe that an impartial trial cannot be had ” in the county where the venue is laid, the court may change the place of trial. (Oode Oiv. Proc. § 987.) Unless there is reason…
2Cases cited4 opinions
- Noonan v. LutherAppellate Division of the Supreme Court of the State of New York · 1908
- People v. HydeAppellate Division of the Supreme Court of the State of New York · 1912
- Lent v. RyderAppellate Division of the Supreme Court of the State of New York · 1900
- People v. Long Island RailroadNew York Supreme Court · 1858