Colvin v. Six

Martin, C.

A suit was instituted before a justice of the peace against oue A. Colvin, upon a cause of action within the jurisdiction of the justice. Due service of summons was effected, and Colvin appeared and filed his application and affidavit for a change of venue, which were in pi’oper form, and were based upon the prejudice of the magistrate. The application was made before trial was commenced. The justice refused to allow the change applied for, and made no order or éntry to that effect, but proceeded with the trial of the cause, and rendered judgment against the defendant in the case.…