Gee v. St. Louis Railway Co.
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) The statute granting the right of change of venue on account of the undue influence of the opposite party, where the application is sufficient, is mandatory and peremptory. R. S. 1889, sec. 2262; Bowling v. Allen & Co., 88 Mo. 299; Railroad v. Fowler,' 113 Mo. 469; McGee et al. v. Porter, 14 Mo. 614. (2) Courts are not hound to consult the convenience of attorneys in making change of venue.
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Appeal from St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) The statute granting the right of change of venue on account of the undue influence of the opposite party, where the application is sufficient, is mandatory and peremptory. R. S. 1889, sec. 2262; Bowling v. Allen & Co., 88 Mo. 299; Railroad v. Fowler,' 113 Mo. 469; McGee et al. v. Porter, 14 Mo. 614. (2) Courts are not hound to consult the convenience of attorneys in making change of venue. The courts must send the case to some county where the causes complained of do not exist, as convenient as may be to the…
1Opinion of the CourtMacfarlane, J.
This is an action for damages for personal injuries suffered by plaintiff on account of the alleged negligence of defendant. The answer is a general denial and contributory negligence.
The action was brought in the June term of the St. Louis circuit court, 1893. On the thirtieth of October, 1893, the appellant filed his application for change of venue in proper form upon the ground “that'the defendant has an undue influence over the inhabitants of said city of St. Louis, and an undue influence over the inhabitants of St. Louis county, and that he has just cause to believe that he can not have…
2Cases cited7 opinions
- St. Louis, Oak Hill & Carondelet Railway Co. v. FowlerSupreme Court of Missouri · 1893
- Stearns v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1887
- Keen v. SchnedlerSupreme Court of Missouri · 1887
- Dowling v. Gerard B. Allen & Co.Supreme Court of Missouri · 1885
- Squires v. City of ChillicotheSupreme Court of Missouri · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Sanders v. DixonMissouri Court of Appeals · 1905
- Eudaley v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1905
- State ex rel. Hannon v. WoodsonMissouri Court of Appeals · 1900
- Preston National Bank v. Wayne Circuit JudgeMichigan Supreme Court · 1905
- Gipson v. PowellSupreme Court of Missouri · 1902
2 more not listed; retrieve them via the Exa API.