Shaw v. Hamilton
This text of 10 Ind. 182 (Shaw v. Hamilton) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This was an action by Hamilton against ■Shaw and others, to recover certain real estate. There was judgment in favor of the plaintiff.
[183]*183During the progress of the cause, and before the trial commenced, a motion was made for a change of venue, founded upon the affidavit of Shaw, alleging that the plaintiff had an undue influence over the citizens of said county, and that an odium attached to said defendant, on account of local prejudice, &c. The motion was overruled.
The venue should have been changed. 7 Ind. R. 110. The affidavit was sufficient. 2 R. S. p. 74.
The judgment is reversed with costs. Cause remanded with instructions to set aside the judgment, grant a new trial, and a change of venue.
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10 Ind. 182, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shaw-v-hamilton-ind-1858.