 | John Frederick Archbold - 1819 - 336 pages
...been changed on the usual affidavit. 2 Str. 1202. In local actions, upon satisfying the court that a fair and impartial trial cannot be had in the county where the action is laid, the plaintiff may nave leave to enter a suggestion upon the issue to that effect, and... | |
 | William Tidd - 1828 - 666 pages
...adjoining county, when there appears to be a reasonable ground on the affidavits, for believing that a fair and impartial trial cannot be had in the county where the venue is laid; and the suggestion need not state the facts from whence such inference is to be drawn."... | |
 | Great Britain. Court of Common Pleas, John Bayly Moore - 1830 - 630 pages
...jurisdiction to change the venue, yet, they will only exercise it where it is clearly shewn to them that a fair and impartial trial cannot be had in the county where the venue ought to be laid, for instance, in an action for words spoken of a Justice of the Peace, by a... | |
 | William Tidd - 1833 - 440 pages
...trial cannot be had. In local actions. Power to direct local actions to be tried in any county. When a fair and impartial trial cannot be had in the county where the venue is laid, the courts, on an affidavit of the circumstances, will change it in transitory actions*;... | |
 | Ohio - 1834 - 780 pages
...couaty, in which case, and in all other c^ses in which it shall be made appear to the court, that a fair and impartial trial cannot be had in the county where the suit is depending, the court may direct the venue to be changed to some adjoining county. 5 108. That... | |
 | Thomas Edlyne Tomlins - 1835 - 862 pages
...Signifies to suffer judgment to be had against one, by not denying or opposing it, ie by default. When a fair and impartial trial cannot be had in the county where the venue is laid, the court, on an affidavit of the circumstances, will change it in transitory actions... | |
 | Sir Edward Coke, John Henry Thomas - 1836 - 772 pages
...written instrument. Whitbum v. Staines, 2 Uns. & P. 355. ilorrice v. Hurry, 1 Taunt. 306. But if a fair and impartial trial cannot be had in the county where the venue is laid, the court upon motion will order the issue to be tried in the next adjoining county... | |
 | Esek Cowen, New York (State). Supreme Court - 1837 - 826 pages
...the city and county of New-York? Changing the venue, speaking technically, is out of the question. The course in criminal prosecutions, where a clear...impartial trial cannot be had in the county where the offence is laid. A venire is then awarded to the sheriff of another county, and the cause tried there;... | |
 | 1838 - 700 pages
...been committed, will not authorize the trial in such county, without a suggestion on the roll that a fair and impartial trial cannot be had in the county where the indictment was found ; and such suggestion cannot be made without special leave obtained from the Court.... | |
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A criminal action, prosecuted by indictment, may be removed from the court in which it is pending, on the application of the defendant, on the ground that a fair and impartial trial cannot be had in the county where the indictment is pending. 
