Foster v. Zeiler

*257DENECKE, C. J.

This is a mandamus proceeding instituted in circuit court to require the defendant justice of the peace to grant a motion for change of place of trial. The circuit court ordered the justice to allow the motion, and the defendant justice appeals. We affirmed.

The petitioner was a party to a lawsuit in justice court, with defendant presiding. Petitioner filed an affidavit to change the place of trial pursuant to ORS 52.530(1), which provides:

"The justice shall change the place of trial, on motion of either party to the action, when it appears from a supporting affidavit of the…