Marshall v. Kinney
Supreme Court of Iowa
Appeal from, the Lee District Court. The plaintiffs sued defendant before a justice of the peace. Jury trial, and a disagreement. Cause continued,, and a venire issued for another jury. "When the parties appeared on the second day, and before the jury was sworn,, or the trial bad commenced, the plaintiffs made the proper affidavit, and applied for a change of venue, for the reason, that, the justice was a material witness for them.
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Appeal from, the Lee District Court. The plaintiffs sued defendant before a justice of the peace. Jury trial, and a disagreement. Cause continued,, and a venire issued for another jury. "When the parties appeared on the second day, and before the jury was sworn,, or the trial bad commenced, the plaintiffs made the proper affidavit, and applied for a change of venue, for the reason, that, the justice was a material witness for them. The change of venue was granted, to which defendant objected. The cause was transferred to another justice, but the defendant made no further general appearance.…
1Opinion of the CourtWright, C. J.
The only question presented is, whether the application for a change of venue was in time, under the act approved Jan. 24,1853, regulating changes of venue in suits pending before justices of the peace. That act provides, “ that in all eases pending before a justice of the peace, either party before the trial is commenced, may have a ■change of venue, upon filing an affidavit,” &e. It is claimed, that inasmuch as this application was not made before the first jury was sworn, and the''trial or hearing then had, it was too late to make the application, when the parties appeared on the second…
2Cited by3 opinions
- Berner v. FrazierSupreme Court of Iowa · 1859
- State Ex Rel. Colvin v. Superior CourtWashington Supreme Court · 1929
- Columbus Junction Telephone Co. v. OverholtSupreme Court of Iowa · 1905