Finlay v. Gill
Missouri Court of Appeals
■ Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. If plaintiff filed an affidavit for a change of venue in substantial compliance with the statute and the application was iu due form, the only action the court was warranted by the law in taking, was to sustain the application and send the cause to some adjoining or next adjoining circuit.
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■ Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. If plaintiff filed an affidavit for a change of venue in substantial compliance with the statute and the application was iu due form, the only action the court was warranted by the law in taking, was to sustain the application and send the cause to some adjoining or next adjoining circuit. Appellant’s abstract of record fails to show that any bill of exceptions was filed, and as the refusal of the court to grant ln'-m a change of venue is the only error he urges, there is nothing before this court to review. The application…
1Opinion of the CourtSmith, P. J.
This is a proceeding brought under the provisions of sections 580 and 586, Revised Statutes, to avoid a judgment obtained on constructive notice, in which the defendants prevailed and the plaintiff appealed here.
The plaintiff, appellant here, demands a reversal of the judgment on the ground that the trial court erred in denying his application for a change of venue. This application constituted no part of the record unless made so by bill of exceptions. Evans v. Trenton, 112 Mo. 390; Stearns v. Railway, 94 Mo. 317; Williams v. Williams, 26 Mo. App. 408. It does not appear from the record or…
2Cases cited5 opinions
- Stearns v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1887
- Evans v. Town of TrentonSupreme Court of Missouri · 1892
- Lafollette v. ThompsonSupreme Court of Missouri · 1884
- State v. RolleySupreme Court of Missouri · 1896
- Williams v. WilliamsMissouri Court of Appeals · 1887
3Cited by2 opinions
- Bates v. Ruth & Mengal Realty Co.Missouri Court of Appeals · 1901
- Finch v. Guardian Trust Co.Missouri Court of Appeals · 1901