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2 Shan. Cas. 406

Roller v. Pearce

Tennessee Supreme Court

Decided September 15, 1877

Tennessee Supreme Court · decided 1877-09-15

<p>1. CHANGE OE VENUE. Made upon facts, not mere conclusions.</p> <p>A chang-e of venue must be made upon facts produced, and not upon mere conclusions of fact.</p> <p>2. SAME. Differences in politics, churches, etc., not sufficient for.</p> <p>The facts must fix some g-ood reason personal to the applicant why he cannot have a fair and’impartial trial in the county where the. suit is pending other than a general statement that on account of differences in politics, churches, trades, professions, etc., he cannot have such a trial.</p>

Decided 1877-09-15

Turret, J.,

¶1delivered the opinion of the court:

¶2On an application for a change of venue in a civil action, the court to whom the application is made must act upon the facts produced before it, and not upon mere: conclusions of fact by the applicant, or the witnesses introduced by him.

¶3The facts must fix some good reason or reasons personal to the applicant why he cannot have a fair and impartial trial in the county where the suit is pending. A general statement that because of a difference of political opinion, or because the political party of his adversary is in a large majority, without more, is no sufficient reason for a change of venue.

¶4*407The reason upon which such rule is sought to be established applies as well to-churches, trades, professions — in fact, to all the industrial, social, and moral relations of life. Reverse the judgment, and remand the cause to Sullivan county, for a new trial.

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