Press: RareBooksClub.com (March 6, 2012)
Author Name:McKinney, William Mark
This historic book may have numerous typos and missing text.
Purchasers can download a free scanned copy of the original book (without typos) from the publisher.
1896 Excerpt: ...to the District Court of the nearest parish of an adjoining district the judge of which is competent to try the cause.
That order must emanate from the judge first appointed to try the case, who alone has the legal authority to make the same.
De Baillon, 37 La.
Wisconsin Statute.--Under Rev.
Wis., § 2623, allowing a change with or without an application, if the presiding judge of his own motion, and without the knowledge or consent of one of the parties, orders the change, unless the record shows that he was disqualified within the meaning of the statute, the order is unauthorized.
Co., 88 Wis.
Power of Chancery Conrts.--Upon general principles of equity, courts of chancery have power to direct a change of venue after issue joined from a county or other inferior court, upon the ground of the existence of prejudice which was unknown to the applicant until after the joinder of issue, and that a fair and impartial trial cannot be had in the court wherein the suit is pending.
Wolfe, 4 Hen.
Power of Court to Transfer Cause to Itself.--A statute (Gen.
Nev., § 3043) providing " that the court may on motion change the place of trial " does not authorize a court of one county to make an order that an action pending in the court of another county shall be transferred to the former court.
Gardner (Nev., 1895), 39 Pac.
Transfer by Court having no Jurisdiction over Subject Matter.--Under a statute providing that the court may change the place of trial when the county designated is not the proper county, the court may grant the presumption always being in favor of the regularity of the order.
Requisites.--The order should substantially ...
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