Miller v. Miller

This is a divorce action which proceeded to a divorce decree after defendant was denied both a change of venue and leave to file a jury demand. Defendant appeals from that order, all subsequent orders and the divorce decree. The determinative question is whether the court was correct in denying defendant a change of venue.

The statute gives an absolute right to a change of venue to a petitioner, when his petition asserting the prejudice of the trial judge is duly made, verified, and filed in accordance with the statute. A change of venue is not a matter of practice but is a substantial right…