Little v. Wyoming County

Citations

• 214 Pa. 596
• 63 A. 1039
• 1906 Pa. LEXIS 704

Syllabus

<p>Change of venue — County as party — Local prejudice — Oath of party — Act of March 30, 1875, P. L. 35.</p> <p>The power to change the venue in civil cases is vested in the courts by the constitution, but the causes for which and the manner in which they must be exercised are entirely under legislative control. When the legislature has enacted and provided the causes and the mode of procedure, it is the duty of the court to comply strictly with the statutory provisions in determining the right of the applicant to have his case tried in another jurisdiction.</p> <p>Under the first section of the Act of March 30, 1875, P. L. 35, the question is not whether the grounds or reasons assigned are sufficient to warrant a change of venue in the opinion or judgment of the court, but whether the applicant has brought himself within any of the causes for which the legislature has determined a change shall be made. If he has, the court is required to grant the application regardless of the opinion it may entertain as to the propriety of doing so.</p> <p>Where a county is a party to a suit and it appears by the affidavit of the other party that local prejudice exists and that a fair trial cannot be had in the county, it is mandatory on the court to change the venue.</p>