Barnett v. Ashmore
Washington Supreme Court
Appeal from Superior Court, Lewis County. Mandamus against R. N. Ashmore, as auditor of Lewis county, Washington, to compel him to draw a warrant in favor of plaintiff, who was sheriff of the county, and who had incurred certain expenses in providing and fitting up rooms for the court and certain of the officers of the county. From a judgment awarding a peremptory writ of mandate defendant appeals.
1Opinion of the Court
The opinion of the court was delivered by
Dunbar, J.
The first contention of the appellant is, that the court erred in not granting the change of venue prayed for. We think the record supports this contention. While it must be conceded that a question of change of venue is a matter very largely discretionary with the trial judge, yet, where this discretion is evidently abused, the appellate court will not hesitate to give relief. In this case the affidavit on which the motion was based shows such a state of facts that the judge ought not for a moment to have hesitated to grant it. According to…
2Cases cited1 opinion
- Stockwell v. Township BoardMichigan Supreme Court · 1871
3Cited by10 opinions
- State ex rel. Barnard v. Board of EducationWashington Supreme Court · 1898
- Board of Commissioners v. GwinIndiana Supreme Court · 1894
- Payne v. LeeSupreme Court of Minnesota · 1946
- Stetson-Post Mill Co. v. BrownWashington Supreme Court · 1899
- State ex rel. Sheehan v. HeadleeWashington Supreme Court · 1897
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