McGovern v. Keokuk Lumber Co.
Supreme Court of Iowa
Appectl from Lee Circuit Oourt. Upon tbe application of tbe defendant, tbe place of trial was changed to tbe district court. The jriaintiff excepted to tbe order and appeals.
1Opinion of the CourtSeekers, J.
1. venue: motion for by afflciavit*011' — I. The statute provides that a change in the place of trial may he had “when either party files an affidavit, verified by himself and three other persons.” that the judge is so prejudiced against him that he cannot obtain a fair trial. Code, § 2590. The statute fails to prescribe by whom the principal affidavit shall be made, if the change is desired by a corporation. As a corporation can only act through officers or agents, it is evident that the requisite affidavit must be made by such officers or. agents, and in Jones v. C. & N. W. R. R. Co., 36 Iowa,…
2Cases cited6 opinions
- Jones v. Chicago & Northwestern R. R.Supreme Court of Iowa · 1872
- Cunningham v. GoeletNew York Supreme Court · 1847
- Davis v. RiversSupreme Court of Iowa · 1878
- Winet v. BerryhillSupreme Court of Iowa · 1880
- Sowdon & Co. v. CraigSupreme Court of Iowa · 1866
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Fidelity & Casualty Co. of New York v. CarrollIndiana Supreme Court · 1917
- McMichael v. HarrisSupreme Court of Florida · 1937
- Cox v. United StatesSupreme Court of Oklahoma · 1897
- People ex rel. Sheldon v. CurtinAppellate Division of the Supreme Court of the State of New York · 1912