Messenger v. Holmes

12 Wend. 203

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.