Hathaway v. St. Louis, Kennett & Southern Railroad
Missouri Court of Appeals
Appeal from Dunklin Circuit Court. — Hon. J. L. Fort> Judge. At tbe first term after the appeal the company filed application for change of venue, which was in proper form, sworn to by its president, alleging that the then judge of the court was so prejudiced against defendant that it could not have a fair and impartial trial, and that the opposite party had an undue influence over his mind.
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Appeal from Dunklin Circuit Court. — Hon. J. L. Fort> Judge. At tbe first term after the appeal the company filed application for change of venue, which was in proper form, sworn to by its president, alleging that the then judge of the court was so prejudiced against defendant that it could not have a fair and impartial trial, and that the opposite party had an undue influence over his mind. This application was ignored; it was neither sustained nor overruled; it was not considered at all. ' The statute says the court “shall consider the application,” and if it be sufficient a change of venue…
1Opinion of the CourtBarclay, J.
January 19, 1897, E. E. Hatháway began suit against the railroad company before a justice of the peace of Dunklin county, to recover an alleged debt of one hundred and seventy-five dollars. Judgment by default was duly rendered against the company. It appealed to the circuit court. The transcript was lodged in the latter court, *346February 8, 1897. At the first term thereafter, July 10,. 1897, the company filed an application for a change of venue, based on alleged prejudice of the judge of the circuit court. The application was duly verified, as appears by the jurat bearing the same date as…
2Cases cited6 opinions
- Nay v. Han. & St. Jo. R. R.Supreme Court of Missouri · 1873
- Rowley v. HindsSupreme Court of Missouri · 1872
- Purcell v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1872
- Town of Brownsville v. RembertSupreme Court of Missouri · 1876
- Beers v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1874
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3Cited by2 opinions
- Brennan v. MauleMissouri Court of Appeals · 1904
- Butler v. PierceMissouri Court of Appeals · 1905