Galbraith v. Williams
Court of Appeals of Kentucky
Case 51 — MANDAMUS— appeal from mason circuit court. 1. Upon oath by a litigant that he believes that he can not have a fair trial in a justice’s court, his right to a change of venue is absolute. This is not analogous to an affidavit to disqualify a circuit judge. Ky. Stats., secs. 1107, 968; German Ins. Co. v. Landram, 88 Ky., 433. 2. Mandamus lies to enforce ministerial act.
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Case 51 — MANDAMUS— appeal from mason circuit court. 1. Upon oath by a litigant that he believes that he can not have a fair trial in a justice’s court, his right to a change of venue is absolute. This is not analogous to an affidavit to disqualify a circuit judge. Ky. Stats., secs. 1107, 968; German Ins. Co. v. Landram, 88 Ky., 433. 2. Mandamus lies to enforce ministerial act. Civil Code, sec. 477; Cassidy, Auditor’s Agt., v. Young, County Judge, 92 Ky., 227; Howes v. Walker, 92 Ky., 258. 3. It lies to compel inferior court to act and controls it as to strictly ministerial acts. Cassidy,…
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion oe the court.
The appellee, Williams, is a justice of the peace in Mason county. There was pending before him a suit of Jack Anderson against the appellant, Galbraith. The appellant filed therein the following affidavit, to-wit: “The defendant, August Galbraith, states that he believes that he can not have a fair trial in the court of G. W. Williams, J. P. M. C., in which this cause is pending, and prays for a change of venue to the court of some other justice of the peace of Mason county.” Upon the consideration of the motion, the appellee overruled it, and…
2Cases cited2 opinions
- German Insurance v. LandramCourt of Appeals of Kentucky · 1889
- Cassidy v. YoungCourt of Appeals of Kentucky · 1891
3Cited by11 opinions
- Rush v. DenhardtCourt of Appeals of Kentucky · 1910
- Carey v. SampsonCourt of Appeals of Kentucky · 1912
- Lyle v. Cass Circuit JudgeMichigan Supreme Court · 1909
- Speckert v. RayCourt of Appeals of Kentucky · 1915
- Winfrey v. BentonSupreme Court of Oklahoma · 1910
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