¶1The court cannot intend that the action is not transitory; it ought to have been shown by the defendant, and the influence of a sheriff’s office never can prevent an impartial trial,
¶2 Sec Zobieskie v. Bauder, 1 Caines’ Rep. 488 n.(a)
2 Cai. Cas. 46
Baker v. Sleight
Decided May 15, 1804
New York Supreme Court · decided 1804-05-15
Evertson, on an affidavit not specifying the ground of action, moved to change the venue from the county of Dutchess to that of Ulster. stating a belief, that in consequence of the influence the defendant possess ed in Ulster from his office, a fair and impartial trial could not be had there. He insisted also on the defectiveness oi 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.
Decided 1804-05-15