Public-domain · open source
OpenJurist

Venue

A Dictionary of Law · William C. Anderson · 1889

A Dictionary of Law

' Locality, neighborhood; place of.trial; county. The county where a cause is to be tried.* The clause in a declaration or indictment which states the place where the transaction was had, the injury inflicted, or the crime committed. Some certain place must be alleged as the place of occurrence for each traversable fact. In local actions the true venue must be laid, and it cannot be changed;, in transitory actions, may be laid in any county where the plaintiff can find the defendant.^ Originally, a venue was emploj'ed to indicate th& county from which the jury was to come. The necessity of stating a.yenue is reluctantly confessed by the authorities. It is enough, in a civil action, to name a place in the county without naming the county.*" In a criminal jjroceeding the venue must be laid in iihe county where the act was committed. See Place, Of indictment. Change of venue is allowed by statute in cases in which there is reasonable ground to believe that such local prejudice exists toward a party, or that such feeling exists on the subject-matter in litigation, as to preclude the probability of an impartial trial. The affidavit required must state the facts from which the conclusion is deduced that an impartial trial cannot be had.'

See Knowledge, 1; Pbkjudick.