Allen v. Skiff
Supreme Court of Iowa
Appeal from the Jasper District Court. In this case, the defendant filed an affidavit for a change of venue, on the ground that the inhabitants of all the counties in the fifth judicial district, were so prejudiced against him, that he could not expect an impartial trial; and based upon this affidavit, he moved that such venue be changed to some other judicial district.
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Appeal from the Jasper District Court. In this case, the defendant filed an affidavit for a change of venue, on the ground that the inhabitants of all the counties in the fifth judicial district, were so prejudiced against him, that he could not expect an impartial trial; and based upon this affidavit, he moved that such venue be changed to some other judicial district. The venue was accordingly changed to Madison county, in the ninth judicial district, and defendant adjudged to pay the costs of the term. The affiant objected to this judgment for costs, and also to send ing the cause to…
1Opinion of the CourtWright, C. J.
The only questions presented for our determination, are: First, did the court err in awarding a change of venue to Madison county ? and, Second, should the appellant have been required to pay the costs of the term ? «
The Code, section 1708, provides that in such cases, the venue shall be changed to the most convenient county to which there is no exception of the character stated. In this case, it is claimed, that many other counties are nearer, and therefore more convenient to Jasper county, than this county of Madison. It is true that Poweshiek in the fourth, and Mahaska in the third,…
2Cited by1 opinion
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