Legal Opinion

Harper v. Jacobs

Supreme Court of Missouri

Decided January 15, 1873PublishedCited by 10 opinions

Appeal from Jasper Common Pleas. I. The application for a change of venue, if considered at all, must be either sustained or overruled, and if sustained, a change of venue should have been awarded to another court. (W. S., 1356, § 4.) It was not transferring the cause to another court or awarding a change of venue in any sense, to simply substitute another person for the Judge as was done. II.

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Appeal from Jasper Common Pleas. I. The application for a change of venue, if considered at all, must be either sustained or overruled, and if sustained, a change of venue should have been awarded to another court. (W. S., 1356, § 4.) It was not transferring the cause to another court or awarding a change of venue in any sense, to simply substitute another person for the Judge as was done. II. The court had no authority to appoint any person to act as Judge, and sit as a court for the trial, of the cause. A ministerial office may be deputed, but a judicial office cannot be. (Lewis vs. Lewis,…

1Opinion of the CourtEwing, Judge

This was an action instituted in the court of Common Pleas of Jasper County to foreclose a mortgage. Before answering the petition defendants made an application in the usual form *298for a change of venue, on the ground that plaintiff had an undue influence over the mind of the Judge of said court, and that said Judge was prejudiced against the defendants.

Pending this application, the Judge, by an order duly entered of record, appointed William FI. Phelps, a duly licensed Attorney at Law, Judge pro tem, to sit on the trial of said cause. To this action of the court defendants excepted. The cause…

2Cases cited2 opinions

  1. Brown v. BuzanIndiana Supreme Court · 1865
  2. Gale v. MichieSupreme Court of Missouri · 1871

3Cited by10 opinions

  1. State v. AbleSupreme Court of Missouri · 1877
  2. State v. WilliamsWest Virginia Supreme Court · 1878
  3. State ex rel. Jones v. LaughlinSupreme Court of Missouri · 1881
  4. Winans v. WinansWest Virginia Supreme Court · 1883
  5. McCraw v. HubbleSupreme Court of Missouri · 1875

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