Western Bank of Scotland v. Tallman

By the Cow't,

Paine, J.

This action was brought to foreclose a farm mortgage. Several orders were made by the circuit court in pursuance of the act of 1861 relating to the foreclosure of these securities, which act this court has since decided to be unconstitutional. Among others was the order from which this appeal is taken, refusing to change the venue upon an application by the plaintiff based upon the alleged prejudice of the judge.

It is claimed by the respondents’ counsel that the order was not appealable. But we clearly think it is, upon the ground stated in the opinion of Justice Cole in…