Rubottom v. Shank

Assumpsit for goods sold, and money had and received. During the' term of the Circuit Court to which the process was' returnable, both parties being present, the defendants below'by petition verified by oath, setting forth that they conceived they could not have a fair trial of the cause in that Court, owing to the undue influence of the plaintiff and to local prejudices, prayed the Court for a change of venue. The Court overruled the petition, and proceeded to a trial which resulted in a verdict and judgment for the plaintiff. The defendants excepted to the decision of the Court refusing a…