Bacon v. Black
Supreme Court of Iowa
Appeal from Warren Disi/riet Court. Tiie plaintiff instituted this action in equity to quiet his alleged title to certain real estate. After answer by defendant, plaintiff filed his application for a change of venue based on alleged prejudice of the judge. The motion was sustained and the venue ordered changed to Clarke county, in the third judicial district.
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Appeal from Warren Disi/riet Court. Tiie plaintiff instituted this action in equity to quiet his alleged title to certain real estate. After answer by defendant, plaintiff filed his application for a change of venue based on alleged prejudice of the judge. The motion was sustained and the venue ordered changed to Clarke county, in the third judicial district. Subsequently at the same term this order was set aside on motion of the defendant, plaintiff’s petition dismissed, and affirmative relief granted to defendant. Plaintiff appeals.
1Opinion of the Court
Milker, Ch. J.
— -The application for change of venue was made in compliance with the statute on the 30th day of January, 1872, and the venue was thereupon, on the same day, ordered changed to Clarke county.
On the second day after this order was made, February 1st, 1872, the defendant moved the court to set aside and vacate the order changing the venue, for the reasons that the papers in the cause had not been transmitted, nor the costs of the clerk therefor paid, or secured by the morning of the second day after making the order for the change of venue.
The record further shows that this…
2Cases cited2 opinions
- David v. Ætna InsuranceSupreme Court of Iowa · 1859
- Hinman v. WeiserSupreme Court of Iowa · 1859
3Cited by3 opinions
- Simons v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1905
- Elwood v. Board of SupervisorsSupreme Court of Iowa · 1912
- Iowa Farm Credit Corp. v. SawyerSupreme Court of Iowa · 1930