Burke v. Mayall
Supreme Court of Minnesota
A motion was made 'at a general term of the District Court of Hennepin county, in May, 1864, on the part of the defendants, upon the affidavit of defendant Mayall, to change the place of trial of this action. The Court denied the motion, and filed the following decision, viz: “This motion is made to change the place of trial of this action for alleged prejudice of the presiding judge.
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A motion was made 'at a general term of the District Court of Hennepin county, in May, 1864, on the part of the defendants, upon the affidavit of defendant Mayall, to change the place of trial of this action. The Court denied the motion, and filed the following decision, viz: “This motion is made to change the place of trial of this action for alleged prejudice of the presiding judge. Upon such a motion, under our statute, the facts and circumstances upon which the charge of prejudice is based must be set out so that the Court can determine whether there is probable cause for granting the…
1Opinion of the Court
By the Court —
Berry, J.
— The motion for a change of venue in this action, made by the appellant in the Court below, purports to be based on prejudice and ill-will on the part of the Judge of the District Court.
Our statute regulating this subject found upon page 537, Pub. Stat., Secs. 44, 45, provides that a party may apply for a change of venue by petition, setting forth the cause of the application, and “accompanied by an affidavit verifying the facts stated-in the petition.”
From the language of the statute requiring a statement of facts, as well as from the construction heretofore pirt upon…
2Cases cited1 opinion
- Ex parte CurtisSupreme Court of Minnesota · 1859
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