Guy v. Kansas City, Fort Scott & Memphis Railroad
Supreme Court of Missouri
Appeal from Bates Circuit Court. — How. W. W. Graves, Judge. The Bates Circuit Court had no jurisdiction of the case. The change of venue was improperly granted. While a sworn application for a change of venue may disqualify the judge to whom the application is made and may make a prima-facie case on its presentation, such rule certainly does not obtain as to other judges than to the one who is presiding at the time in the canse.
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Appeal from Bates Circuit Court. — How. W. W. Graves, Judge. The Bates Circuit Court had no jurisdiction of the case. The change of venue was improperly granted. While a sworn application for a change of venue may disqualify the judge to whom the application is made and may make a prima-facie case on its presentation, such rule certainly does not obtain as to other judges than to the one who is presiding at the time in the canse. It requires something more than a mere affidavit to disqualify judges who have never sat in a cause. A judge presiding in a cause cannot take judicial notice on a…
1Opinion of the CourtValliant, J.
Plaintiff, a brakeman on one of defendant’s freight trains, received personal injuries in consequence, as he declares, of the negligent handling of the train.
He brought suit for damages in the circuit court of Jackson county and the cause was regularly assigned to Division No. 5 of that court. After the pleadings were made up he applied to the court for a change of venue, alleging in his affidavit as the ground for the change that the judge of Division No. 5 was prejudiced against him and that the defendant had an undue influence over the judge and that the same reason for a change of venue…
2Cases cited2 opinions
- Corpenny v. City of SedaliaSupreme Court of Missouri · 1874
- Eudaley v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1905
3Cited by9 opinions
- Clark v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Missouri · 1928
- Cantwell v. Columbia Lead Co.Supreme Court of Missouri · 1906
- Priddy v. BoiceSupreme Court of Missouri · 1907
- State ex rel. Judah v. FortSupreme Court of Missouri · 1908
- Inc. of Little Tarkio Drainage District No. 1 v. RichardsonSupreme Court of Missouri · 1910
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