Turner v. Hitchcock
Supreme Court of Iowa
Appeal from Butler District Court. Change of venue : prejudice of judge : release of ONE JOINT tort-feasor: effect of: abatement of nuisance. — The petition charges and the testimony shows, that on the 2d day of July, 1864, a number of women in the town of Shell Rock, Butler county, organized and made a raid or descent upon the saloon of the plaintiff, ' destroying ale, beer, glasses, oysters, candies, figs, &c.
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Appeal from Butler District Court. Change of venue : prejudice of judge : release of ONE JOINT tort-feasor: effect of: abatement of nuisance. — The petition charges and the testimony shows, that on the 2d day of July, 1864, a number of women in the town of Shell Rock, Butler county, organized and made a raid or descent upon the saloon of the plaintiff, ' destroying ale, beer, glasses, oysters, candies, figs, &c. This action is brought against six of these women, who, with their husbands, are the defendants. One, B. W. Johnson was also made a defendant. The defendants (except Johnson, who did…
1Opinion of the CourtDillon, J.
i. ohanse p°ejuaS?S , ", I. It is assigned as error that the court improperly refused to change the venue of the cause. Au affidavit was filed by. the plaintiff fully complying with section 2803 of the. Revision, stating that .the judge was so prejudiced, against him that he could not obtain a fair trial, and that this fact. was unknown to him at the last term of the court. The. court refused to .change the venue and the. plaintiff excepted.
The appellee seeks to sustain the ruling on the ground:
1st. That a previous application on the same day had been made, and overruled and no exception…
2Cases cited10 opinions
- Livingston v. BishopNew York Supreme Court · 1806
- Wilson v. ReedNew York Supreme Court · 1808
- Baker v. LovetiMassachusetts Supreme Judicial Court · 1809
- Nelson v. CookIllinois Supreme Court · 1856
- Blann v. CrocheronSupreme Court of Alabama · 1852
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