Gibney v. St. Louis Transit Co.
Supreme Court of Missouri
Appeal from Montgomery Circuit Court. — Hon. E. M. Hughes, Judge. (1) The circuit court of St. Louis city improperly considered and granted plaintiff’s application for a change of venue, (a) The application was presented too late, the trial having begun. Fugate v. Carter, 6 Mo. 267; Junior v. Power Co., 127 Mo. 79; State v. Lehman, 182 Mo. 424. (b) No notice was given to defendant of the application.
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Appeal from Montgomery Circuit Court. — Hon. E. M. Hughes, Judge. (1) The circuit court of St. Louis city improperly considered and granted plaintiff’s application for a change of venue, (a) The application was presented too late, the trial having begun. Fugate v. Carter, 6 Mo. 267; Junior v. Power Co., 127 Mo. 79; State v. Lehman, 182 Mo. 424. (b) No notice was given to defendant of the application. Sec. 822, R. S. 1899 ; Railroad v. Holliday, 131 Mo. 440'; State v. Lehman, 182 Mo. 424. (c) The affidavit for the change of venue does not state that affiant believed that plaintiff could not…
1Opinion of the CourtBurgess, J.
This is an action for damages for personal injuries alleged to have been sustained by plaintiff on the 13th day of June, 1902, by being thrown) from defendant’s ear, by reason of its premature start, whilst plaintiff was in the act of alighting therefrom at the corner of Taylor and Washington avenues in the city of St. Louis. The action was instituted in the circuit court of the city of St. Louis, and afterwards, on the 18th day of April, 1903, on application of plaintiff for a change of venue1, the cause was transferred to the circuit court of Montgomery county, where plaintiff, upon trial…
2Cases cited7 opinions
- Pearcy v. Michigan Mutual Life InsuranceIndiana Supreme Court · 1887
- Stearns v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1887
- Heasley v. NicholsWashington Supreme Court · 1905
- State v. KoskySupreme Court of Missouri · 1905
- State ex rel. Herriford v. McKeeSupreme Court of Missouri · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Washington Ex Rel. Washington v. Barnes HospitalSupreme Court of Missouri · 1995
- Lee v. Baltimore Hotel Co.Supreme Court of Missouri · 1939
- North v. StateSupreme Court of Florida · 1952
- Beggs v. Universal CIT Credit CorporationSupreme Court of Missouri · 1965
- Piehler Ex Rel. Schultz v. Kansas City Public Service Co.Supreme Court of Missouri · 1948
22 more not listed; retrieve them via the Exa API.