Executors of Lynch v. Horry
Pennsylvania Court of Common Pleas
ON a motion being made in this case to change the •venue from Georgetown to Charleston district. The case appeared to be, that in 1775, the defendant, together with Benjamin Huger and Paul Trapier, jun. since deceased, as commissioners of the high roads in Prince George’s parish, contracted with Thomas Lynch, deceased, for making what is now called Lynch’s Causeway, from North to South Santee, for which they engaged to pay him 8,000/. old currency ; which sum, by an old act…
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ON a motion being made in this case to change the •venue from Georgetown to Charleston district. The case appeared to be, that in 1775, the defendant, together with Benjamin Huger and Paul Trapier, jun. since deceased, as commissioners of the high roads in Prince George’s parish, contracted with Thomas Lynch, deceased, for making what is now called Lynch’s Causeway, from North to South Santee, for which they engaged to pay him 8,000/. old currency ; which sum, by an old act of assembly, passed previous to the time of contract, was to be raised by a tax upon the negroes in Prince George’s…
1Opinion of the Court
The Court.
No rule of law is better established than this, that when a fair trial cannot be had in one county or district, a venire must be awarded to an adjoining county, The books are full upon this point, and the principle of law is founded on wisdom and justice ; for, as a man cannot be a judge in his own cause, so a juror should not sit op pne in which he is eventually interested. The smallest degree of interest, is a decisive objection to a witness, and much more so to a juror. 2 Black. 480. And as to the power of the court, it is a common law right, and the court, is bound to. grant it,…
2Cases cited1 opinion
- Raburn v. ShortridgeIndiana Supreme Court · 1831