People v. Tweed
New York Supreme Court
In the action of The People v. William M. Tweed and others, for acts done by him in relation to the auditing of certain claims against the city of New York (see p. 25 of this vol., where the complaint will be found), a motion was made by the defendant, Tweed, to change the place of trial, from the county of Albany, in which the venue had been laid, to the county of New York. The grounds of the motion are stated in the opinion.
1Opinion of the CourtIngalls, J.
This motion is made upon the ground that the action is against the defendant, Tweed, as a public officer; that the complaint charges him with acts performed by him in that capacity, and that he has therefore an absolute right under the Code to have, such action tried where he resides, and where the above cause of action arose.
This motion involves the determination of a legal right and not a question of discretion. The strictness with which this right of trial, when it exists, has been regarded by the courts, appears by the following adjudications (Birmingham Iron Foundry v. Hatfield, 43 N.…
2Cases cited10 opinions
- In re the Oaths to be taken by Attorneys & CounsellorsNew York Supreme Court · 1823
- Elliot v. Cronk'sNew York Supreme Court · 1834
- Seymour v. EllisonCourt for the Trial of Impeachments and Correction of Errors · 1823
- Brown v. SmithNew York Supreme Court · 1857
- People ex rel. Lyndes v. Comptroller of the StateNew York Supreme Court · 1839
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