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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. "
Reports of Cases Argued and Determined in the Supreme Court: And in the ... - Page 137
by Esek Cowen, New York (State). Supreme Court - 1837
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The Practice of the Court of King's Bench in Personal Actions and ..., Volume 2

John Frederick Archbold - Civil procedure - 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...
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Reports of Cases Argued and Determined in the Court of King's ..., Volume 3

Great Britain. Court of King's Bench, Richard Vaughan Barnewall, Sir Edward Hall Alderson - Law reports, digests, etc - 1820 - 820 pages
...an adjoining county, where there appears 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....
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The Practice of the Courts of King's Bench, and Common Pleas: In ..., Volume 2

William Tidd - Civil procedure - 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."...
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Reports of Cases Argued and Determined in the Courts of Common ..., Volume 11

Great Britain. Court of Common Pleas, John Bayly Moore - Law reports, digests, etc - 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...
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Practice of the Superior Courts of Law, in Personal Actions, and Ejectment ...

William Tidd - Civil procedure - 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*;...
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The Statutes of Ohio and of the Northwestern Territory, Adopted Or ..., Volume 2

Ohio - Law - 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...
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The Law-dictionary, Explaining the Rise, Progress, and Present State of the ...

Thomas Edlyne Tomlins - Law - 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...
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A Systematic Arrangement of Lord Coke's First Institute of the ..., Volume 3

Sir Edward Coke, John Henry Thomas - Land tenure - 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...
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A Digest of the Cases Decided and Reported in the Superior Court of the City ...

Law reports, digests, etc - 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 Digest of the Law of Evidence in Criminal Cases

Henry Roscoe - Evidence, Criminal - 1840 - 908 pages
...the indictment or information to have had jurisdiction over the offence. Change of venue.] Where a fair and impartial trial cannot be had in the county where the venue is laid, the Court of King's Bench (the indictment being removed thither by certioran) will,...
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