Arnold v. Cord

Suit to avoid a couveyance for fraud, and to recover possession of land. Issues of fact were formed, and tried in Marion county, and a new trial granted on the application of the defendant, now the appellant. A change of venue was taken to Johnson county, and a continuance was there applied for, but no question arises in this Court upon *178any of the proceedings in the cause till subsequent to that application. The deposition of a witness resident in the State, if not in the county where the cause is tried, or in an adjoining county, may be taken in vacation. 2 R. S., § 250, p. 86.

The cause was…