Penfield v. Vaughan
Supreme Court of Missouri
Appeal from Saline Circuit Court. — Hon. Samuel Davis, Judge, The judge erred in awarding change of venue to Saline county, in the same judicial circuit with that of Lafayette county- — the order for such change being founded solely upon the. prejudice of the judge, and such order not stating that there was a failure to agree upon or to elect a special judge. City of Kansas City v. Eord, 99 Mo. 91. (1) The change of venue was rightly awarded.
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Appeal from Saline Circuit Court. — Hon. Samuel Davis, Judge, The judge erred in awarding change of venue to Saline county, in the same judicial circuit with that of Lafayette county- — the order for such change being founded solely upon the. prejudice of the judge, and such order not stating that there was a failure to agree upon or to elect a special judge. City of Kansas City v. Eord, 99 Mo. 91. (1) The change of venue was rightly awarded. The objections were solely to the alleged prejudice of Judge Eield, who had held his last term of court in Saline county, and no objections were made to…
1Opinion of the CourtSheewood, P. J.
— Plaintiffs brought suit in equity and then applied in vacation to Hon. E. Eield of Lafayette ■county for a change of venue, on account of prejudice of the judge against them; this application was formally sufficient, and due notice of which appears in the following order made ■on the presentation of the application. This order, made in vacation, ordered a change of venue of the cause on the ground ■stated, to the circuit court of the county of Saline, which was in the same judicial circuit. The date of this order was November 22, 1898, and Judge Eield’s term of office expired •on the…
2Cases cited2 opinions
- State ex rel. Herriford v. McKeeSupreme Court of Missouri · 1899
- State ex rel. Sprague v. FlournoySupreme Court of Missouri · 1901
3Cited by1 opinion
- State Ex Rel. Kansas City Public Service Co. v. WaltnerSupreme Court of Missouri · 1943