Howard v. Lillard
Missouri Court of Appeals
Appeal from Yernon Circuit Court, Hon. J. O. Murray, Special Judge. The facts sufficiently appear in the opinion of the court. I. J. C. Murray acted as special judge on stipulation, to avoid an election of special judge. Where a change of venue is taken because of the prejudice of the judge, his having been of counsel, or for any cause, the case must be tried before some other circuit judge.
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Appeal from Yernon Circuit Court, Hon. J. O. Murray, Special Judge. The facts sufficiently appear in the opinion of the court. I. J. C. Murray acted as special judge on stipulation, to avoid an election of special judge. Where a change of venue is taken because of the prejudice of the judge, his having been of counsel, or for any cause, the case must be tried before some other circuit judge. The parties to a suit cannot appoint a circuit judge, nor can one be elected by the bar, in civil cases. — Revised Statutes vol. I, chapter 59, art. 2, sect. 3730, p. 634. II. The giving of instruction to…
1Opinion of the Court
Opinion by
Philips, P. J.
This is an action for assault and battery. The petition alleges, substantially, that on the 6th day of October, 1879, at the county of Yernon, the defendant unlawfully assaulted the plaintiff with a neck yoke, and unlawfully *230struck, beat, and bruised Mm, by reason whereof plaintiff was deprived of his time for two months, was compelled to lay out a large sum of money for medical services and medicines, was caused to suffer great pain in body and mind, and was permanently injured in his-limbs and person, to his damage in the sum of $5,000.00.
The answer tendered, first,…
2Cases cited5 opinions
- Goetz v. AmbsSupreme Court of Missouri · 1858
- Barnes v. McMullinsSupreme Court of Missouri · 1883
- Dailey v. HoustonSupreme Court of Missouri · 1874
- O'Leary v. RowanSupreme Court of Missouri · 1860
- Grant v. HolmesSupreme Court of Missouri · 1881
3Cited by4 opinions
- Wilson v. HallWyoming Supreme Court · 1926
- Baxter v. MagillMissouri Court of Appeals · 1907
- Sloan v. SpeakerMissouri Court of Appeals · 1895
- Pierce v. CarpenterMissouri Court of Appeals · 1896