Wilson v. Rodewald

Citations

• 49 Miss. 506

Syllabus

<p>1. Practice — Change oe Tenue. — There is no inherent power in tho circuit court ckaBge the venue in any case, beyond that conferred by statute, which must be, at least, substantially pursued. The Code of 1871, section 722, provided that, no civil suit shall be removed more than once, or in any other manner than that prescribed in this act.</p> <p>2. Same — Case in Judgment. — Where the parties agreed to change .the vonue from the county of Sunflower to the county of Yazoo, and the court entered an order on the minutes in accordance with the agreement, and suflored the case removed without a compliance with the statute. Held: That this wa¡s error, and that the consent or agreement of the parties confers no power on tho court to change the venue in any mode except that prescribed by the statufco. Tho mode is declared in section 719 of the Code, and is by petition, under oath, addressed to the court, or to the judge of the district, in vacation, setting forth the reasons for the appli* cation. The ground for tho change being, “that from the undue influence- of the adverse party, prejudice existing in the public mind, or for somo other sufficient cause, to be described in said petition,” the party could not obtain a fair and impar* tial trial in the county where the action may be pending. Code of 1857, p. 496, art. 122.</p>