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Kent, C. J. This is a cause in which the right of fishery will come in question. Where the counties are so small as those mentioned, an impartial trial cannot be had, on a claim of a general nature. New-York is as near as any other, and where a right of fishery, or any similar claim is to be litigated, it is in my opinion, sufficient to take the matter from a Long-Island jury.
The expense is at the door of the party who applies, and the contribution to support the suit, shews strongly the disposition of the county.
Document Info
Citation Numbers: 3 Cai. Cas. 103, 1 Cole. & Cai. Cas. 457
Judges: Kent
Filed Date: 5/15/1805
Precedential Status: Precedential
Modified Date: 11/3/2024