Davis v. Rivers
Supreme Court of Iowa
Apipeal from, Polk Circuit Court. Action to foreclose a mortgage. The defendant Rivers applied for a change of place of trial to the District Court, on the ground of prejudice of the circuit judge. His motion was supported by an affidavit in due form, and purported to be signed by the requisite number of persons. The plaintiff moved that the persons whose names appeared to the affidavit be produced by defendant Rivers for cross-examination in open court.
Read the full summary
Apipeal from, Polk Circuit Court. Action to foreclose a mortgage. The defendant Rivers applied for a change of place of trial to the District Court, on the ground of prejudice of the circuit judge. His motion was supported by an affidavit in due form, and purported to be signed by the requisite number of persons. The plaintiff moved that the persons whose names appeared to the affidavit be produced by defendant Rivers for cross-examination in open court. The motion was sustained, and the defendant Rivers excepted, and declined to produce the persons. Evidence was then introduced by the…
1Opinion of the Court
Adams, I.
1. venue: prejjudse may ’ overrule application. Section 2590 of the Code provides that a change of the place of trial in any civil action may be had when either party files an affidavit, etc. The defendant contends that he has complied with this section fully, and that the court had no discretion m regard to the allowance of the change. Whether this be so or not, where the affidavit filed is really what it purports to be, the court must, we think, be regarded as having the right to use all reasonable means to protect itself against imposition. If the court was wholly unaware of the…
2Cited by4 opinions
- Houser v. LaughlinIndiana Court of Appeals · 1914
- McGovern v. Keokuk Lumber Co.Supreme Court of Iowa · 1883
- Berger v. United StatesSupreme Court of the United States · 1921
- Berger v. United StatesSupreme Court of the United States · 1921