Best v. Parkes
Oregon Supreme Court
From Umatilla: Gilbert W. Phelps, Judge. In Banc. Statement Per Curiam. The plaintiff, J. A. Best, sought by mandamus to compel the defendant, Joe H. Parkes, a justice of the peace for Pendleton District, to change the place of trial of a criminal action, wherein the plaintiff here was the defendant.
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From Umatilla: Gilbert W. Phelps, Judge. In Banc. Statement Per Curiam. The plaintiff, J. A. Best, sought by mandamus to compel the defendant, Joe H. Parkes, a justice of the peace for Pendleton District, to change the place of trial of a criminal action, wherein the plaintiff here was the defendant. In the alternative writ issued by the Circuit Court there appeared a history of the criminal action against the plaintiff, showing that it was brought to issue, and, after stating the filing of a motion and affidavit for change of venue, the writ contains this averment: “That the said J. A. Best…
1Opinion of the Court
Opinion
2Per curiam
1. It is provided, in substancé, in Section 2432, L. O. L., that the justice may change the place of trial when it appears from the affidavit of a party either that the justice is a party to or directly interested in the event of the action or connected by consanguinity or affinity within the third degree with the adverse party or those whom he represents; (2) “that the justice is so prejudiced against the party making the motion that he cannot expect an impartial trial before such justice”; and (3) that the convenience of parties and witnesses will be promoted. Section 613, L. 0. L.,…
3Cases cited2 opinions
- Krumdick v. CrumpCalifornia Supreme Court · 1893
- Rugenstein v. OttenheimerOregon Supreme Court · 1915
4Cited by4 opinions
- Foster v. ZeilerOregon Supreme Court · 1978
- In re MundorffDistrict Court, D. Oregon · 1948
- Newman v. District Court of the Tenth Judicial District ex rel. County of Nez PerceIdaho Supreme Court · 1920
- Foster v. ZeilerOregon Supreme Court · 1978