Penfield v. Vaughan

Decision Date18 June 1902
Citation69 S.W. 303,169 Mo. 371
PartiesPENFIELD et al. v. VAUGHAN et al.
CourtMissouri Supreme Court

Appeal from circuit court, Saline county; Samuel Davis, Judge.

Action by E. J. Penfield and others against Edward B. Vaughan and others. From a judgment for defendants, plaintiffs appeal. Reversed.

Collier & Jenkins, for appellants. Wm. H. Chiles and John Welborn, for respondents.

SHERWOOD, J.

Plaintiffs brought suit in equity, and then applied in vacation to Hon. R. Field, of Lafayette county, for a change of venue on account of prejudice of the judge against them. This application was formally sufficient, and due notice of which appears in the following order made on the presentation of the application. This order, made in vacation, ordered a change of venue of the cause on the ground stated to the circuit court of the county of Saline, which was in the same judicial circuit. The date of this order was November 22, 1898, and Judge Field's term of office expired on the 31st of December of that year. As recited in the order, $10 was deposited with the clerk, as required by the statute. On the coming of the cause to the circuit court of Saline county the defendants severally demurred to the petition. The plaintiffs herein then filed a motion for an order nunc pro tunc, sustaining the application theretofore made, awarding a change of venue to some county in the adjoining or next adjoining circuit, etc., alleging as grounds therefor: "(1) Because the circuit court of Saline county, Missouri, has no jurisdiction to hear, try, and determine this cause. (2) Because...

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8 cases
  • State ex rel. Dunlap v. Higbee
    • United States
    • Missouri Supreme Court
    • November 17, 1931
    ... ... 102; State v. Shea, 95 Mo. 91; State ex ... rel. v. Woodson, 86 Mo.App. 253; State ex rel ... Sprague v. Flournoy, 160 Mo. 324; Penfield v ... Vaughn, 169 Mo. 371; State ex rel. v. Dabbs, 118 Mo.App ...           John ... Powell, E. M. Harber and Woodruff & Woodruff ... ...
  • State ex rel. Kansas City Public Service Co. v. Waltner
    • United States
    • Missouri Supreme Court
    • March 25, 1943
    ... ... Cole, 89 Mo.App. 228; State ex rel. v ... Knight, 26 S.W.2d 1011; State ex rel. v ... Sevier, 98 S.W.2d 980; Pennfield v. Vaughan, ... 169 Mo. 371; State ex rel. v. Bacon, 107 Mo. 627; ... State v. Bailey, 126 S.W.2d 224; State ex rel ... v. Bates, 286 S.W. 420. (5) ... of the causes and to remand them to the Circuit Court of ... Jackson County at Independence. Penfield v. Vaughan, 169 ... Mo. 371, 375, 69 S.W. 303, 304; State ex rel. Scotland ... County v. Bacon, 107 Mo. 627, 634, 18 S.W. 19, 21; ... State v ... ...
  • State ex rel. Kansas City Pub. Serv. Co. v. Waltner, 37566.
    • United States
    • Missouri Supreme Court
    • March 25, 1943
    ... ... (2d) 127; Cole v. Cole, 89 Mo. App. 228; State ex rel. v. Knight, 26 S.W. (2d) 1011; State ex rel. v. Sevier, 98 S.W. (2d) 980; Pennfield v. Vaughan, 169 Mo. 371; State ex rel. v. Bacon, 107 Mo. 627; State v. Bailey, 126 S.W. (2d) 224; State ex rel. v. Bates, 286 S.W. 420. (5) Prohibition is the ... It was the duty of respondent to purge his docket of the causes and to remand them to the Circuit Court of Jackson County at Independence. Penfield v. Vaughan, 169 Mo. 371, 375, 69 S.W. 303, 304; State ex rel. Scotland County v. Bacon, 107 Mo. 627, 634, 18 S.W. 19, 21; State v. Bailey, 344 Mo ... ...
  • State ex rel. Dunlap v. Higbee, 30181.
    • United States
    • Missouri Supreme Court
    • November 17, 1931
    ... ... App. 102; State v. Shea, 95 Mo. 91; State ex rel. v. Woodson, 86 Mo. App. 253; State ex rel. Sprague v. Flournoy, 160 Mo. 324; Penfield v. Vaughn, 169 Mo. 371; State ex rel. v. Dabbs, 118 Mo. App. 663 ...          John Powell, E.M. Harber and Woodruff & Woodruff for ... ...
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