Moss v. Johnson
Illinois Supreme Court
This suit was commenced in Peoria county, and removed by change of venue to Tazewell county, where it was tried by jury at the April term, 1858, and a verdict and judgment rendered for the plaintiff for $4,000. The declaration contained two counts. The first count states, in substance, that the defendants were lessees and proprietors of the Peoria and Oquawka Railroad, and cars used thereon for carrying passengers for hire, from Peoria to Edwards Station.
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This suit was commenced in Peoria county, and removed by change of venue to Tazewell county, where it was tried by jury at the April term, 1858, and a verdict and judgment rendered for the plaintiff for $4,000. The declaration contained two counts. The first count states, in substance, that the defendants were lessees and proprietors of the Peoria and Oquawka Railroad, and cars used thereon for carrying passengers for hire, from Peoria to Edwards Station. That on the 19th November, 1856, the plaintiff, at the special instance and request of the defendants, became a passenger on said road, to…
1Opinion of the CourtBreese, J.
A preliminary question is raised in this case, growing out of the ruling of the court, on the motion and application of the plaintiffs in error for a change of venue in the cause, on account of prejudice of the minds of the inhabitants of the county in which the suit was pending, against them.
The record shows that the action originated in Peoria county, and the venue changed to Tazewell, on the motion and affidavit of the plaintiff, of prejudice in the judge of the Peoria Circuit Court.
The cause being removed to Tazewell, the defendants- made their application for a change of venue, on the…
2Cases cited2 opinions
- Gillenwater v. Madison & Indianapolis RailroadIndiana Supreme Court · 1854
- Fitzpatrick v. New-Albany & Salem RailroadIndiana Supreme Court · 1856
3Cited by21 opinions
- Feder v. Midland Casualty Co.Illinois Supreme Court · 1925
- White v. MurtlandIllinois Supreme Court · 1874
- Ebsery v. Chicago City Railway Co.Illinois Supreme Court · 1897
- Berry v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Fornoff v. SmithAppellate Court of Illinois · 1935
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