Toledo, Wabash & Western Railway Co. v. Maxfield

There was no error in overruling the motion for a change of venue. Should the notice served upon the opposite party be regarded as a petition, it is fatally defective in not being sworn to. The affidavit filed therewith states the knowledge of the prejudice of the judge of the circuit court came to the company since the- last term of the court, but does not state the date.

The change of venue was sought on the ground of the prejudice of the judge of the court, who had recently been elected. We take judicial notice of the fact the election for circuit judges took place in June, 1873, and, for…