Miller v. Laraway
Supreme Court of Iowa
Agypeal from Muscatine Circuit Court. Action of replevin. The defendant made application for a change of venue, accompanied by the proper affidavit of himself and three disinterested persons, that the influence of the plaintiff was so great over the inhabitants of Muscatine county that defendant could not obtain a fair trial therein. The application was overruled and the cause was tried by a jury, which returned a verdict for plaintiff. The defendant appeals.
1Opinion of the Court
Day, Ch. J.
— The provisions with regard to changes of venue in criminal and in civil cases differ essentially. It is provided that “ in all criminal cases * * * any defendant therein may petition the court for a change of venue to another county,” and that “ the court, in the exercise of a sound discretion, must decide the matter of the petition, when fully advised, according to the very right of it.” Rev., §§ 4727, 4733.
Section 13, chapter 167 of the laws of the Thirteenth General Assembly, which is a substitute for section 2803 of the Revision, provides that a change of venue in any civil…
2Cited by2 opinions
- State v. Certain Intoxicating LiquorsSupreme Court of Iowa · 1874
- Moorman v. MoormanSupreme Court of Iowa · 1874