Berner v. Frazier
Supreme Court of Iowa
Appeal from, the Monroe District Court. Berner sued Erazier in an action of trespass before a justice of the peace. Before the jury were sworn, or the trial commenced, the defendant filed his affidavit, and moved the court for a change of venue, on the alleged ground that the justice of the peace was so prejudiced against him, that he could not obtain justice before him. The motion was overruled.
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Appeal from, the Monroe District Court. Berner sued Erazier in an action of trespass before a justice of the peace. Before the jury were sworn, or the trial commenced, the defendant filed his affidavit, and moved the court for a change of venue, on the alleged ground that the justice of the peace was so prejudiced against him, that he could not obtain justice before him. The motion was overruled. A motion for a nonsuit was also overruled, and the cause being fully heard, the jury returned a verdict for the plaintiff of ten dollars, for which judgment was rendered in favor of plaintiff, with…
1Opinion of the CourtStockton, J.
If the only error in the proceeding before the justice, had been in his allowing interest on the judgment in favor of the plaintiff, at the rate of ten per centum per annum, the ruling of the district court in remanding the cause, with directions to the justice to strike out the ten per cent, interest, would have been proper enough. But the defendant was entitled to a change of venue, on the motion and affidavit filed by him ; and the court should have reversed the judgment of the justice, and remanded the cause, with directions to him to allow the change of venue as prayed for by defendant..…
2Cases cited1 opinion
- Marshall v. KinneySupreme Court of Iowa · 1855
3Cited by3 opinions
- Lake v. BenderNevada Supreme Court · 1884
- Johnson v. StateCourt of Criminal Appeals of Texas · 1893
- Cox v. United StatesSupreme Court of Oklahoma · 1897