Eyre v. Berry

Citations

• 260 Pa. 518
• 103 A. 920
• 1918 Pa. LEXIS 559

Syllabus

<p>Practice, G. P.- — Change of venue — Judicial discretion — Laches.</p> <p>1. The refusal of the lower court to grant a petition for a change of venue in an action for slander was not an abuse of judicial discretion where the petition was not presented until the day the case was listed for trial; where the answer denied the allegations of the petition; and where there was no evidence to sustain the allegations of the petition, but only affidavits averring that a fair trial could not be had in the county, and not alleging any facts from which the inference could be drawn that a fair trial could not be had.</p> <p>2. In such case the contention of the petitioner that a rule to show cause should have been granted was without merit, where petitioner did not ask for a rule to show cause; and where on the day that the answer was filed, petitioner submitted himself to the court upon his petition and the affidavits filed in support of it.</p>