State ex rel. Sprague v. Flournoy
Supreme Court of Missouri
Mandamus. (1) If it is contended that the general statutes do not apply to the court at Independence, then the statute leaves a discretion in the judge, as the statute (Laws 1879, p. 82, sec. 11) provides: “But if reason exist against both the judges of said court, then such change may be allowed to the circuit court of some contiguous county, unless otherwise disposed of according to law.”
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Mandamus. (1) If it is contended that the general statutes do not apply to the court at Independence, then the statute leaves a discretion in the judge, as the statute (Laws 1879, p. 82, sec. 11) provides: “But if reason exist against both the judges of said court, then such change may be allowed to the circuit court of some contiguous county, unless otherwise disposed of according to law.” Since that time the number of judges has been increased to four, so that we presume the above act would be construed to read: “But if reason exist against all of the judges of said court, etc.” We think…
1Opinion of the CourtSherwood, J.
A suit respecting a will was pending before the circuit court of Jackson county at Independence, between J. J. Yaile et al., plaintiffs, v. Olivia Sprague et ah, defendants. Plaintiffs filed an affidavit for a change of venue based on the ground of the defendants’ having an undue influence over the mind of the judge, and also over the mind of the Hon. John H. Slover: Thereupon it was shown by the affidavits of O. H. Dean and W. G. Rose, attorneys for defendants in the cause, that the two other circuit judges of the same court, to-wit, Hon. J ames Gibson and Hon. E. P. Gates, were disqualified…
2Cited by6 opinions
- Eudaley v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1905
- Reinauer v. Wabash RailroadSupreme Court of Missouri · 1908
- State Ex Rel. H. H. Banks v. PriceMissouri Court of Appeals · 1934
- Leslie v. G. W. Chase & Son Mercantile Co.Supreme Court of Missouri · 1906
- Penfield v. VaughanSupreme Court of Missouri · 1902
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