Mcgoon v. Little
| Decision Date | 31 December 1845 |
| Citation | 7 Ill. 42,2 Gilman 42,1845 WL 3901 |
| Parties | RICHARD H. MCGOONv.EPHRAIM LITTLE et al. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
THIS cause came on to be heard in the Jo Daviess circuit court, at the May term, 1840, before the Hon. Thomas C. Browne, when a petition, the substance of which is set forth in the opinion of the court, was filed, and a motion made for a change of venue. The motion was denied.
At the June term, 1841, of the same court, the cause was submitted to a jury, who returned a verdict in favor of the plaintiffs below for $306.28.
The case was submitted in this court without argument.a1
T. CAMPBELL, for the plaintiff in error.
J YOUNG SCAMMON, for the defendants in error.
At the May term, 1840, the plaintiffs filed their declaration. At the same term, the defendant, McGoon, filed his petition verified by affidavit, in which he stated that he entertained serious and well grounded fears, that he would not receive a fair and impartial trial in that court, on account of the prejudices, that he believed existed in the mind of the presiding judge of the court, then on the bench; and, that he believed those prejudices so great against him, that he would be unsafe in submitting to a trial before him. He thereupon moved for a change of venue out of the circuit. This motion was refused, which is assigned for error.
By the act in relation to venue (Gale's Stat. 682, § 1), either party may, by petition, verified by affidavit, stating that the presiding judge is prejudiced against him, obtain a change of venue out of the circuit.
The defendant in this case brought himself within the provisions of the statute, and the court erred in refusing the motion. 1 Scam. 117.
As the subsequent orders, and judgments of the court, in this case, are avoided by the reversal of this judgment, upon this ground, it is unnecessary to decide any other point presented by the assignment of errors.
Judgment reversed with costs, and cause remanded for further proceedings.
Judgment reversed.
a1. There were sundry proceedings in this cause in the nature of a mandamus, but the reporter was unable to find the papers containing the facts, which circumstance will account for this imperfect report.
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Hutchinson v. Manchester St. Ry.
...he fears he cannot have a fair trial before the presiding judge. Under such a statute the present affidavit might be sufficient. McGoon v. Little, 7 Ill. 42, relied upon by the defendants, depends upon such a statute. Gales'. St. Ill. p. 682, § 1. See People v. Compton, 123 Cal. 403, 412, 4......
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...bias or prejudice on the part of the judge is held, under statutory provisions, to be a sufficient ground for change of venue. McGoon v. Little, 7 Ill. 42; Curran v. Beach, 20 Ill. 259; Goldsby v. State, 18 Ind. 147; Vanderkarr v. State, 51 Ind. 91; Berner v. Frazier, 8 Iowa, 77; Turner v. ......
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