Baker v. Sleight — 1 Cole. & Cai. Cas. 343

Majority

p. 343

Valentine Baker and Gerard S. Sloane v. Henry Sleight, Esq. Sheriff of the County of Ulster.

Headnote

EVERTSON, on an affidavit not specifying the ground of action, moved to change the venue from the county of Dutchess to that of Ulster.

Hopkins opposed it on a counter affidavit,

stating a belief, that in consequence of the influence the defendant possessed in Ulster, from his office, a fair and impartial trial could not be had there. He insisted also on the defectiveness of the plaintiff’s affidavit, in not setting forth the ground of action, and that it Ought, therefore, to be presumed, it was not a transitory suit.

The court cannot intend, that the action is not transitory, it ought to have been showft

p. 344

by the defendant, and the influence of a sheriff’s office, never can prevent an impartial trial. Take your rule.