Eckles v. Kinney
Supreme Court of Iowa
Appeal from, the Boone District Court. . Suit to recover the value of one hundred, walnut logs, the' property of the plaintiff, of the value of three hundred dollars, alleged to have been taken and carried away by the defendant.
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Appeal from, the Boone District Court. . Suit to recover the value of one hundred, walnut logs, the' property of the plaintiff, of the value of three hundred dollars, alleged to have been taken and carried away by the defendant. The defendant answered, denying the claim to the logs set up by plaintiff, and issue being joined, the defendant filed an affidavit and motion, praying a change of venue, on account of interest and prejudice of the judge, to some other judicial district. The motion was granted, and at the May term, 1855, an order of court was made changing the venue to Warren county…
1Opinion of the CourtStoqkton, J.
The first assignment for error, is, that the District Court took cognizance of the cause, after an order had been made, changing the venue to the county of Warren. This cognizance, it is claimed, was assumed by the District Court :
1st. By ordering the defendant to give bond to secure the plaintiff in the additional' costs to be incurred by the change of venue, after the order for the change of venue had been entered.
2d. By re-docketing the cause at a subsequent term, and trying it.
1. As to the first point, the court may, at the same term, reconsider the motion for a change of venue, and grant…
2Cited by4 opinions
- Chicago, Burlington & Quincy Railroad v. CastleSupreme Court of Iowa · 1912
- Farr v. FullerSupreme Court of Iowa · 1861
- Robbins v. NealSupreme Court of Iowa · 1860
- Cox v. United StatesSupreme Court of Oklahoma · 1897