Packwood v. State
Oregon Supreme Court
Union County: .Jas. A. Fee, Judge. This is a proceeding, by writ of review, prosecuted by Wm. H. Packwood, Jr., and others to reverse and annul the action of the justice’s court for Cove Precinct, Union County, in refusing to grant a motion for a change of venue, and proceeding with the trial of a criminal charge against the plaintiffs for trespassing upon enclosed lands, in violation of section 1794 of Hill’s Code.
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Union County: .Jas. A. Fee, Judge. This is a proceeding, by writ of review, prosecuted by Wm. H. Packwood, Jr., and others to reverse and annul the action of the justice’s court for Cove Precinct, Union County, in refusing to grant a motion for a change of venue, and proceeding with the trial of a criminal charge against the plaintiffs for trespassing upon enclosed lands, in violation of section 1794 of Hill’s Code. The motion was based upon the affidavits of each of the defendants in the criminal proceedings, and plaintiffs herein, setting forth, among other things, that James Hendershott,…
1Opinion of the CourtJustice Bean
1. That the affidavits for a change of venue in the justice’s court presented sufficient grounds for a change of the place of trial, is too clear for argument. It is an ancient maxim, and one founded on the most obvious principles of natural right and justice, that every litigant is entitled to a hearing and trial before a fair and impartial court or tribunal. This principle finds expression in our statute by the provisions for a change of venue when the court or judge is so prejudiced against the party making the motion that he cannot expect a fair and impartial trial before such court or…
2Cases cited1 opinion
- Stockwell v. Township BoardMichigan Supreme Court · 1871
3Cited by9 opinions
- State ex rel. Wyman, Partridge & Co. v. Superior CourtWashington Supreme Court · 1905
- State v. SavageOregon Supreme Court · 1900
- State v. NagelOregon Supreme Court · 1948
- Oregon State Bar v. WrightOregon Supreme Court · 1977
- Straub v. State of OregonOregon Supreme Court · 1927
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