Spacek v. Aubert

Citations

• 92 Kan. 677
• 141 P. 254
• 1914 Kan. LEXIS 305

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Change op Venue — Sufficient Application — No Formal Motion Required. The presentation of a proper affidavit and confession of judgment for costs to a justice of the peace to obtain a change of venue in an action for forcible entry and detainer is a sufficient application. A formal motion is not required.</p> <p>2. Mandamus — Error in Refusing Change of Venue — Not Corrected by Mandamus. An erroneous refusal by a justice of the peace to grant a change of venue does not deprive him of jurisdiction. The remedy in such case is by appeal. Mandamus will not be allowed to correct the error.</p>