Messenger v. Holmes

New York Supreme Court

Messenger v. Holmes

12 Wend. 203

CourtNew York Supreme Court

DecidedAugust 21, 1834

StatusPublished

Cited by5 cases

This text of 12 Wend. 203 (Messenger v. Holmes) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Messenger v. Holmes, 12 Wend. 203 (N.Y. Super. Ct. 1834).

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Opinion

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.

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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.

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Bluebook (online)

12 Wend. 203, Counsel Stack Legal Research, https://law.counselstack.com/opinion/messenger-v-holmes-nysupct-1834.

Opinion

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