Leise v. Mitchell
Missouri Court of Appeals
Appeal from the Saline Circuit Court. — Hon. Leslie O’Reae, Special Judge. (1) It was the duty of the circuit court of LaFayette county, on the defendants’ application for a change of venue, the application being against both the judge and the inhabitants of LaFayette county, to ' have first passed upon the application so far as its objection was to him, and, if sustained, to have given a reasonable opportunity for selection of a special judge.
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Appeal from the Saline Circuit Court. — Hon. Leslie O’Reae, Special Judge. (1) It was the duty of the circuit court of LaFayette county, on the defendants’ application for a change of venue, the application being against both the judge and the inhabitants of LaFayette county, to ' have first passed upon the application so far as its objection was to him, and, if sustained, to have given a reasonable opportunity for selection of a special judge. In this case the judge did not pass upon the sufficiency of the application as against hipa, but sept the cause to another county without having…
1Opinion of the CourtGill, J.
— The plaintiff, Mrs. Leise, sued the defendant Mitchell, sheriff of LaEayette county, and the other defendants, Smith, Heddens & Co., in trespass for the alleged wrongful seizure and conversion of a certain stock of goods which she, the plaintiff, had in her possession as mortgagee of one Hackley. ‘
*565The facts giving rise to the controversy are substantially these: Hackley was a merchant at Corder, Mo., and was indebted to Smith, Heddens & Co., of Kansas City, and, as the jury found, was also owing Mrs. Leise the balance on a note of something over $600. On June 1, 1889, Hackley, being…
2Cases cited5 opinions
- Barnes v. McMullinsSupreme Court of Missouri · 1883
- State v. WebbSupreme Court of Missouri · 1881
- Colvin v. SixSupreme Court of Missouri · 1883
- State ex rel. Scotland County v. BaconSupreme Court of Missouri · 1891
- Smith, Heddins & Co. v. HackleyMissouri Court of Appeals · 1891
3Cited by5 opinions
- In Re Alexander's EstateSupreme Court of Missouri · 1962
- State v. BraggMissouri Court of Appeals · 1895
- Mudge v. HullSupreme Court of Kansas · 1896
- Dowell v. McElhineySupreme Court of Missouri · 1962
- Martin v. EnglishCourt of Appeals of Georgia · 1919