Noonan v. Luther
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Thomas 0. Luther, from an order of the Supreme Court, made at the Fulton Special Term and entered in the office of the clerk of the county of Saratoga on the 14th day of July, 1908.
1Opinion of the Court
Cochrane, J. :
The order appealed from changes the place of trial of this action from the county of Saratoga to the county of Schenectady on the ground that an impartial trial cannot be had in the former county. An order like the one in question rests largely in the discretion of the Special Term, but facts and circumstances must appear in the motion papers before such discretion can properly be exercised. The belief of a party in his inability to t procure an impartial trial is insufficient in the absence of facts and circumstances showing such belief to be well founded. (People v. Sammis, 3…
2Cases cited3 opinions
- People v. SarvisAppellate Division of the Supreme Court of the State of New York · 1902
- People v. WrightNew York Supreme Court · 1850
- Noonan v. LutherAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by12 opinions
- DeBolt v. BarbosaAppellate Division of the Supreme Court of the State of New York · 2001
- Cohen v. BernsteinAppellate Division of the Supreme Court of the State of New York · 2004
- Althiser v. Richmondville Creamery Co.New York Supreme Court · 1960
- Fishman v. FishmanAppellate Division of the Supreme Court of the State of New York · 1964
- Cabanis v. ReichNew York Supreme Court · 1969
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