Bowman v. Ely

Decided February 15, 1829

New York Supreme Court · decided 1829-02-15

Motion to change the venue from Oneida to Monroe, The action was. brought for the publication of a handbill immediately preceding the last election by the defendants, styling themselves the anti-masonic central committee, which was alleged to be libellous. The defendants swore to 20 witness-68 residing in the county of Monroe.

Good law ✅— No negative treatment on recordhow we know

Decided 1829-02-15

How this case has been cited

Cited by 10 later decisions — most recently April 1949

10 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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By the Court, Marcy, J.

¶1The plaintiff not resisting by shewing a greater number of witnesses on his part, resi*251ding in the county where the venue is laid, the motion must prevail. The court will not, on any speculative opinion, formed by individuals, however respectable, interfere with the ordinary course and practice of the court in the administration of justice. Pervading as may be the excitement referred to, the court repose confidence in the intelligence and integrity of the freeholders of Monroe. Should it unfortunately happen that the apprehension of the plaintiff is realized, he will not be remediless, as it will then be in sufficient time to interpose the strong arm of the law to cause the course of justice to flow unpolluted by passion or prejudice.

¶2Motion denied.