People v. Hayes
New York Supreme Court
This was a motion by the defendants to change the place of trial from the county of Albany to the county of Clinton. The affidavit of one of the defendants, stated that deponent resided in Clinton county; that the attorney general had brought a suit against the defendants, wherein the complaint charged that they were commissioners under the act entitled “ an act to provide for laying out and opening a road from Clinton county to Carthage in Jefferson county, passed April 16,…
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This was a motion by the defendants to change the place of trial from the county of Albany to the county of Clinton. The affidavit of one of the defendants, stated that deponent resided in Clinton county; that the attorney general had brought a suit against the defendants, wherein the complaint charged that they were commissioners under the act entitled “ an act to provide for laying out and opening a road from Clinton county to Carthage in Jefferson county, passed April 16, 1852 (Laws of 1852, p. 519), and as such had laid out a road on a route wholly unsuitable, and not within the meaning…
1Opinion of the Court
Hand, Justice.
The motion is pressed upon two grounds: convenience of witnesses, and that the defendants are public officers (Code, § 124, 125, 126).
Very little reliance can be placed upon an allegation of the materiality of witnesses, unless it be shown wherein they are material (see Rule 44; Jordon vs. Garrison, 6 How. Pr. R. 6). However, as there is no affidavit of any witnesses on the part of the plaintiffs, if the motion turns upon this point, it must be granted.
Are these commissioners public officers? Mr. Justice Nelson was inclined to consider certain persons, like these defendants,…
2Cases cited4 opinions
- Seymour v. EllisonCourt for the Trial of Impeachments and Correction of Errors · 1823
- People ex rel. Lyndes v. Comptroller of the StateNew York Supreme Court · 1839
- People v. Van RensselaerNew York Supreme Court · 1850
- People v. ThurmanNew York Supreme Court · 1824
3Cited by12 opinions
- State ex rel. Clyatt v. HockerSupreme Court of Florida · 1897
- State v. SpauldingSupreme Court of Iowa · 1897
- State Ex Rel. Hand v. Superior Court for Grays Harbor CountyWashington Supreme Court · 1937
- First National Bank v. Town of Mount TaborSupreme Court of Vermont · 1879
- McCornick v. ThatcherUtah Supreme Court · 1892
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