Sommercamp v. Catlow

In this action, two trials by jury were had at the October term, 1877, of the district court of the second judicial district for Owyhee county, without finding a verdict. *717The plaintiff then moved for a change of the place of trial. On the hearing of said motion, the judge ordered that the place of trial be changed to Ada county in the same judicial district. The defendant appeals from the said order to this court.

The plaintiff’s motion in the court below was based upon his own affidavit, showing substantially the following facts: 1. That the plaintiff had fully and fairly stated the facts of…