Myers v. Walker
Illinois Supreme Court
Writ oe EbboR to the Circuit Court of Peoria county; the Hon. A. L. MerriMAN, Judge, presiding. This was an action of assumpsit instituted in the Circuit Court in 1858, by Charles Walker, as surviving partner of Walker & Kellogg, against Henry Myers and Stanley J. Dawson, partners under the name and style of H. Myers & Co. The declaration contained the common counts for goods, etc., sold and delivered ; goods sold ; work and materials ; money loaned; money paid; money had…
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Writ oe EbboR to the Circuit Court of Peoria county; the Hon. A. L. MerriMAN, Judge, presiding. This was an action of assumpsit instituted in the Circuit Court in 1858, by Charles Walker, as surviving partner of Walker & Kellogg, against Henry Myers and Stanley J. Dawson, partners under the name and style of H. Myers & Co. The declaration contained the common counts for goods, etc., sold and delivered ; goods sold ; work and materials ; money loaned; money paid; money had and received; account stated; interest; and corn, wheat and grain delivered to the defendants, and by them sold and…
1Opinion of the Court
Mr. JustiCE Waleee
delivered the opinion of the Court.
The application for a change of venue, was based upon an affidavit, that the party feared that he could not obtain a fair trial before the judge then presiding. And whilst the venue was not changed to another circuit, a trial was had before- a different judge against whom there was no complaint. This practically accomplished all that was sought by the application for a change of venue. When the reasons for a change of venue ceased to exist, the necessity and the right to a change of venue also ceased. The party -obtained a trial before…
2Cases cited1 opinion
- Myers v. WalkerIllinois Supreme Court · 1860
3Cited by4 opinions
- Chicago & Alton Railroad v. HarringtonIllinois Supreme Court · 1901
- State ex rel. Hannon v. WoodsonMissouri Court of Appeals · 1900
- Chicago & Alton R. R. Co. v. HarringtonAppellate Court of Illinois · 1900
- Chicago, Burlington & Quincy Railroad v. PerkinsAppellate Court of Illinois · 1888