State ex rel. Herriford v. McKee
Supreme Court of Missouri
Mandamus. The Supreme Court said in State ex rel. v. Bacon, 107 Mo. 631, “We have come to the conclusion that the proviso in section 2262 has deprived circuit judges of all discretion and that no order for change of venue can be made until after ‘reasonable opportunity’ for holding an election has been given.” The clause quoted on page 682 of the opinion, remains in substance in section 2262 as amended.
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Mandamus. The Supreme Court said in State ex rel. v. Bacon, 107 Mo. 631, “We have come to the conclusion that the proviso in section 2262 has deprived circuit judges of all discretion and that no order for change of venue can be made until after ‘reasonable opportunity’ for holding an election has been given.” The clause quoted on page 682 of the opinion, remains in substance in section 2262 as amended. (Page 93, Laws 1895 Mo.) It is, “And provided further that when the application is founded on the interest, prejudice or other objections to the judge, a change of venue shall not be awarded…
1Opinion of the CourtSherwood, J.
This proceeding questions the correctness of the action of Judge McKee in awarding a change of venue from the circuit court of Knox county to that of Schuyler county.
The petition for the alternative writ, among other things in substance and form alleges the presentation of the application upon due notice given, “based alone on the ground of the prejudice and disqualification of the judge,” etc., whereupon the respondent judge “immediately awarded the venue to the circuit court of Schuyler county, Missouri, without asking the parties whether they could or would agree on a special judge to try…
2Cases cited18 opinions
- Yates v. PeopleNew York Supreme Court · 1810
- State v. WearSupreme Court of Missouri · 1898
- Ex parte JilzSupreme Court of Missouri · 1876
- State v. AlexanderSupreme Court of Missouri · 1877
- Huxley v. HarroldSupreme Court of Missouri · 1876
13 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Carroll v. United Railways Co.Missouri Court of Appeals · 1911
- Gibney v. St. Louis Transit Co.Supreme Court of Missouri · 1907
- State ex rel. Hilleman v. FortSupreme Court of Missouri · 1904
- Wright v. Kansas CitySupreme Court of Missouri · 1905
- Lyle v. Cass Circuit JudgeMichigan Supreme Court · 1909
17 more not listed; retrieve them via the Exa API.