Legal Opinion
Messenger v. Holmes
New York Supreme Court
Decided August 21, 1834PublishedCited by 5 opinions
Motion to change the venue on the ground of excitement prevailing in the county where the venue is laid. There had already been two trials in the cause and no verdict, the juries not being able to agree.
1Opinion of the Court
By the Court,
Savage, Ch. J.
This case comes directly within the principle stated by Mr. Justice Marcy, in Bowman v. Ely, 2 Wendell, 250, as that which should govern in applications of this kind. When it is found by actual experiment that a fair trial, or, as in this case, no trial can be had in the county where the venue is laid, the motion, on the ground relied on in this case, will be granted ; but otherwise not.
Motion granted.
2Cases cited1 opinion
- Bowman v. ElyNew York Supreme Court · 1829
3Cited by5 opinions
- People v. Long Island RailroadNew York Supreme Court · 1858
- Cochecho Railroad v. FarringtonSuperior Court of New Hampshire · 1853
- Taylor v. GardinerSupreme Court of Rhode Island · 1875
- Murray v. New Jersey Railroad & Transportation Co.Supreme Court of New Jersey · 1850
- People v. SnaithNew York Supreme Court · 1889