State v. Minski
Supreme Court of Iowa
Appeal from the Fagette District Court. ■ An information for keeping intoxicating liquors, with intent to sell the same, was filed against the defendant before a justice of the peace. The defendant made affidavit for a change of venue, alleging that the justice was prejudiced against him, and that the defendant could not obtain justice before him, under the statute of 1853, chapter 58. A change of venue was granted to another justice of the peace, in the same township.
Read the full summary
Appeal from the Fagette District Court. ■ An information for keeping intoxicating liquors, with intent to sell the same, was filed against the defendant before a justice of the peace. The defendant made affidavit for a change of venue, alleging that the justice was prejudiced against him, and that the defendant could not obtain justice before him, under the statute of 1853, chapter 58. A change of venue was granted to another justice of the peace, in the same township. Before this justice, the defendant filed his second affidavit, assigning the same cause, and asking another change of venue,…
1Opinion of the Court
"Woodward, J.
The question presented is, whether the defendant is entitled to more than one change of venue from a justice of the peace, although he may file a second affidavit, which is proper in form and substance. The Code did not provide for a change of venue in cases pending before a justice of the peace, although it allowed one in the district court, probably because the legislature considered the right of appeal as a sufficient protection against any injustice which might be done by the inferior tribunal. But the Code provided, in section 1708, that no more than one change should be…
2Cited by3 opinions
- State v. WilliamsSupreme Court of Iowa · 1979
- Lincoln v. Territory of OklahomaSupreme Court of Oklahoma · 1899
- Bassick Mining Co. v. SchoolfieldSupreme Court of Colorado · 1887