Peyton v. Johnson
Nebraska Supreme Court
Error from the district court of Knox county. Tried below before Norris, J, The question of bias or prejudice of other justices is a question of fact, and the justice before whom the objection is made is competent to decide the question from evidence, and is not conclusively bound by the statement of the applicant. (McOrory v. McOrory, 36 N. ~W. Rep. [Wis.], 604.)
1Opinion of the CourtNorval, J.
This action was commenced by plaintiff in error before A. C. Logan, Esq., a justice of the peace of Knox county, to recover the sum of $110 and interest on a promissory note. On the return day of the summons the defendant applied for a change of venue, on the ground that the justice was biased and prejudiced against him,.and filed his own affidavit in support of the application. The justice ■decided that the defendant was entitled to a change of venue, and ordered that the cause be transferred to the docket of P. A. Warrick, Esq., the nearest justice, upon the payment by the defendant of the…
2Cases cited2 opinions
- In re GarstNebraska Supreme Court · 1880
- Osborn v. ShotwellNebraska Supreme Court · 1891
3Cited by2 opinions
- Paul v. ZiebellNebraska Supreme Court · 1895
- Cox v. United StatesSupreme Court of Oklahoma · 1897