McNair v. Tucker

Citations

• 24 S.C. 105
• 1886 S.C. LEXIS 5

Syllabus

<p>1. An affidavit that defendant cannot obtain a fair trial before a trial justice because of plaintiff’s influence “with the persons who are likely to be on the jury at the trial,” is not sufficient to obtain a removal of the cause under a statute which requires such removal upon affidavit that the affiant “does not believe that he can obtain a fair trial before the trial justice” (Gen. Stat., § 840), the ground stated being an objection to the jury and not to the officer.</p> <p>2. A motion to transfer a cause from one trial justice to another should be made before the day appointed for trial, unless based upon facts discovered later.</p> <p>3. -It would seem that the affidavit for removal should disclose the reasons that induced the belief that a fair trial could not be had; but certainly where the first affidavit stated a reason which was insufficient, and a second affidavit followed the words of the statute, and stated no . reasons, a removal of the cause may be refused.</p> <p>4. To entitle one to a removal of his case under the statute, the affidavit must be made before the trial justice who issued the papers; an affidavit made before a clerk of court or notary public is insufficient.</p>