State ex rel. Smith-Kernohan Co. v. Dabbs
Missouri Court of Appeals
Original Proceeding by Mandamus. Filed an argument. (1) The right to have a change of venue comes only from the statute. It can be granted by the court only when the party applying Tarings his case within the scope and meaning of statute. Endsley v. Railroad, 186 Mo. 404. (2) The respondent did not refuse to act on the application for change of venue.
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Original Proceeding by Mandamus. Filed an argument. (1) The right to have a change of venue comes only from the statute. It can be granted by the court only when the party applying Tarings his case within the scope and meaning of statute. Endsley v. Railroad, 186 Mo. 404. (2) The respondent did not refuse to act on the application for change of venue. As judge of division two of the Jasper Circuit Court, he took up the application, and after hearing the same and being fully advised, sustained the application as to himself, and overruled the application as to Judge Gray, and ordered the cause…
1Opinion of the Court
ELLISON, J. —
The relator, a corporation, is defendant in an action pending in the circuit court for Jasper county before the respondent, Judge Dabbs, as one of the judges of that court. It seeks to compel respondent by this proceeding in mandamus, to grant a change of venue to some other circuit court, which it is conceded he refused to do.
Relator made application in due form for the change of venue assigning as the cause -that respondent was prejudiced against it so that it could not have a fair trial and that the same cause existed against Howard Gray, the judge of the other division of…
2Cases cited3 opinions
- Eudaley v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1905
- State ex rel. Hannon v. WoodsonMissouri Court of Appeals · 1900
- Gerhart Realty Co. v. WeiterMissouri Court of Appeals · 1904
3Cited by7 opinions
- Clark v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Missouri · 1928
- Coffey v. City of CarthageSupreme Court of Missouri · 1906
- Heather v. City of PalmyraSupreme Court of Missouri · 1925
- State v. HornbuckleMissouri Court of Appeals · 1988
- State v. CellaMissouri Court of Appeals · 1998
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