Spacek v. Aubert

The opinion of the court was delivered by

Benson, J.:

This is an action in mandamus to compel a justice of the peace to grant a change of venue in an action of forcible entry and detainer. The case is presented here upon the alternative writ, the answer and affidavits. While there is some conflict in the affidavits it appears from statements of counsel that the *678defendant appeared on an adjourned day just before the hour set for trial and laid upon the justice’s table an affidavit for a change of venue and confession of judgment for costs, and then left the room, making no further appearance in…