Ramsey v. Bush
Supreme Court of Iowa
Appeal from Decatu/r District Gourt. This action was originally brought in the District Court . of Decatur county. The defendants made application for a change of venue on account of the prejudice of the inhabitants of the county against them. Pending this application, plaintiff asked for a change of venue out of the judicial district, on the ground of the prejudice of the judge.
Read the full summary
Appeal from Decatu/r District Gourt. This action was originally brought in the District Court . of Decatur county. The defendants made application for a change of venue on account of the prejudice of the inhabitants of the county against them. Pending this application, plaintiff asked for a change of venue out of the judicial district, on the ground of the prejudice of the judge. Upon this motion of plaintiff, the cause was ordered to be sent to Wayne county, in another judicial district. The defendants made proper objections to the inhabitants of Wayne county, because of prejudice, and the…
1Opinion of the CourtBeck, J.
The record fails to show upon what the order for the change of venue complained of was based. Sundry affidavits appear in the record, but it is not disclosed by bill of exceptions or otherwise, whether the order was made upon them alone, or whether other matters were brought to the attention of the court, and upon which its action was based in the premises.
In this state of the record, we must presume in favor of the correctness of the action of the District Court. See Pheny v. Metcalf, 26 Iowa, 597. It is insisted by plaintiff that the change of venue was improperly allowed, because the…
2Cases cited1 opinion
- Pheny v. MetcalfSupreme Court of Iowa · 1869
3Cited by1 opinion
- Indiana, Decatur & Western Railroad v. ZillyIndiana Court of Appeals · 1898