Legal Opinion

Moorman v. Moorman

Supreme Court of Iowa

Decided September 25, 1874Published

Appeal from Keolmle District Court. The abstract shows that there was pending in the court below an action to modify a decree relative to the custody of a child. Appellant filed a motion and an affidavit verified by herself and three disinterested persons, not related to her nearer than in the fourth degree, stating that the judge of said court was so prejudiced against her that she could not obtain a fair trial before him, and asking for a change of venue.

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Appeal from Keolmle District Court. The abstract shows that there was pending in the court below an action to modify a decree relative to the custody of a child. Appellant filed a motion and an affidavit verified by herself and three disinterested persons, not related to her nearer than in the fourth degree, stating that the judge of said court was so prejudiced against her that she could not obtain a fair trial before him, and asking for a change of venue. She further states, as a reason for not sooner" making the motion, that she was not aware of such prejudice until but a short time before…

1Opinion of the CourtDay, J.

The application for a change of venue seems to have been made, in all respects, in conformity to the law. We have held that in such case, unless the record discloses something to justify the action of the court, it is error to refuse a change of venue; Miller v. Laraway, 31 Iowa, 538. Nothing affording snch justification appears in the record. The judgment must he

Reversed.*

2Cases cited1 opinion

  1. Miller v. LarawaySupreme Court of Iowa · 1871

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