Woodrow v. Younger
Supreme Court of Missouri
Appeal from Greene County Circuit Court. Tiie right to change of venue and its requirements are purely statutory, and defendant has complied in all respects with them. (See Wagn. Stat., 1356, §§ 1, 2 and 3.) This case is not that of ex parte Cox. (10 Mo.. 713.) In case of an ordinary verdict, the evidence is in the breast of the court, and on change of venue, it must all be re-heard.
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Appeal from Greene County Circuit Court. Tiie right to change of venue and its requirements are purely statutory, and defendant has complied in all respects with them. (See Wagn. Stat., 1356, §§ 1, 2 and 3.) This case is not that of ex parte Cox. (10 Mo.. 713.) In case of an ordinary verdict, the evidence is in the breast of the court, and on change of venue, it must all be re-heard. But that taken before the referee is in writing, and alike open and accessible in any court, and may be passed on as easily by one court as by another. This reference was not by consent, but involved the…
1Opinion of the CourtNapton, Judge
This was a suit against the curator of an estate, finally disposed of in the circuit court of Greene county. In September, 1870, the circuit court of Greene county, referred the matter to a referee, who at the May term, 1871, reported the evidence and his conclusion on it. After this report was filed and exceptions to it were made, but before the court gave any opinion on it, the defendant filed his application for a change of venue, on the ground that the judge was prejudiced, and was under the influence of the opposite party.
The application was denied, and its refusal constitutes the only…
2Cases cited2 opinions
- Franz v. DietrickSupreme Court of Missouri · 1871
- Exparte CoxSupreme Court of Missouri · 1847
3Cited by11 opinions
- Savings Finance Corporation v. BlairMissouri Court of Appeals · 1955
- State ex rel. Kimbrell v. People's Ice, Storage & Fuel Co.Supreme Court of Missouri · 1912
- Jenkins v. AndrewsMissouri Court of Appeals · 1975
- State ex rel. Herriford v. McKeeSupreme Court of Missouri · 1899
- State ex rel. Howard County v. BurckharttSupreme Court of Missouri · 1884
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