Jeffersonville, Madison, & Indianapolis Railroad v. Avery

Suit commenced before a justice of the peace for an animal killed by the cars of appellant at a point on the road which was not securely fenced. Appeal to the circuit court. Affidavit and motion for a change of venue on account of local prejudice, made on the day the cause was docketed for trial. Motion overruled, on the ground that the application was not made in time under the 45th rule of the Clark Circuit Court, which required such applications to be made “ at least one day before the day for which the cause is docketed.”

We held in Redman v. The State, 28 Ind. 205, a rule that such…