Eudaley v. Kansas City, Fort Scott & Memphis Railroad
Supreme Court of Missouri
Appeal from Lafayette Circuit Court. — How. Samuel Davis, Judge. There was error in granting a change of venue. 1. The application does not state that the opposite party has an undue influence over the judges of Divisions 1, 2, 4 and 5, the allegation being merely “that the reasons urged for change of venue will apply as well to the Honorable J. H. Slover, Judge of Division No. 2,” etc. 2. No proof of undue influence was offered as to the other judges than the one to whom…
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Appeal from Lafayette Circuit Court. — How. Samuel Davis, Judge. There was error in granting a change of venue. 1. The application does not state that the opposite party has an undue influence over the judges of Divisions 1, 2, 4 and 5, the allegation being merely “that the reasons urged for change of venue will apply as well to the Honorable J. H. Slover, Judge of Division No. 2,” etc. 2. No proof of undue influence was offered as to the other judges than the one to whom the application was made, (a) Plaintiff makes an omnibus affidavit against four, other judges, none of whom had sat in his…
1Opinion of the CourtValliant, J.
— This suit was begun in the cir- ■ cuit court of Jackson county, which court was then in five divisions, over each of which a separate judge presided. The cause was assigned to Division No. 3, over which the Hon. E. P. Gates was the judge. The original petition was filed August 13, 1901, the answer March 5th, and the reply March 22, 1902.
On March 21, 1902, plaintiff filed a petition for a • change of venue on the ground: “Your petitioner has good reason to believe and does believe that he cannot have a fair and impartial trial of said cause in Jack.son county, for the reason that defendant…
2Cases cited6 opinions
- State v. GreenwadeSupreme Court of Missouri · 1880
- State ex rel. Cottrell v. WoffordSupreme Court of Missouri · 1894
- Polliham v. ReveleySupreme Court of Missouri · 1904
- State ex rel. Hannon v. WoodsonMissouri Court of Appeals · 1900
- Gee v. St. Louis Railway Co.Supreme Court of Missouri · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Clark v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Missouri · 1928
- Cantwell v. Columbia Lead Co.Supreme Court of Missouri · 1906
- Land Clearance for Redevelopment Authority v. ZitkoSupreme Court of Missouri · 1964
- State Ex Rel. Kansas City Public Service Co. v. WaltnerSupreme Court of Missouri · 1943
- Priddy v. BoiceSupreme Court of Missouri · 1907
11 more not listed; retrieve them via the Exa API.