Hibbard v. Chipman

— We have no means of determining whether or not the court below erred in refusing to change the venue. There are loose affidavits sent up with the transcripts, which may have been used for that object; but they are not embodied in the statement of the ease or hill of exceptions, have no verity, and are no part of the record.

It was not error for the court to proceed with the trial after notice of an appeal from its decision refusing a change of venue. Such a course would be a most vicious practice. Every case in which one party sought delay would have to be *17continued upon an application for…