State v. Pool Grinstead

(dissenting) : A judge is never justified in granting a change of venue except for some of the grounds prescribed in the statute. The prejudice of a party against a judge is not a cause for change, but it is the prejudice of the judge that disqualifies him to try a case. That prejudice must not only exist, but it must be shown to exist, before the court is warranted in allowing a change ; and a reviewing court cannot say that error is committed in refusing the change on account of prejudice unless the evidence in the record clearly establishes the prejudice of the judge. (Gen. Stat. 1899, §…