Shaw v. Cade

Citations

• 54 Tex. 307
• 1881 Tex. LEXIS 23

Syllabus

<p>1. Venue.— The second section of the act of April 7, 1874, governing changes of venue, provides that on granting a change of venue, “ the cause shall he removed to some adjoining county, the court house of which is nearest the court house of the county in which the suit is pending,” etc. Held—</p> <p>1. The nearest court house, in the meaning of the statute, is not necessarily the one nearest by geometrical measurement, but may be the one most convenient of access, and nearest by the usual traveled route.</p> <p>2. The question as to which county is the nearest, must be determined by the judge who orders the change of venue, and cannot be reopened by the court to which the venue is changed.</p> <p>2. Distinguished.— This case distinguished from Rogers v. Watrous, 8 Tex., 63; Taylor v. Williams, 26 Tex., 583; and Murray v. Broughton, 46 Tex., 351.</p> <p>2. Fact case.— See opinion for facts illustrating the confusion and delay resulting from a district judge regarding an order changing the-venue of a case to his court, as a nullity.</p>