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39 Iowa 460

Moorman v. Moorman

Supreme Court of Iowa

Decided September 25, 1874

Supreme Court of Iowa · decided 1874-09-25

The abstract shows that there was pending in the court below an action to modify a decree relative to the custody of a child. Appellant filed a motion and an affidavit verified by herself and three disinterested persons, not related to her nearer than in the fourth degree, stating that the judge of said court was so prejudiced against her that she could not obtain a fair trial before him, and asking for a change of venue.

Decided 1874-09-25

Day, J.

¶1The application for a change of venue seems to have been made, in all respects, in conformity to the law. We have held that in such case, unless the record discloses something to justify the action of the court, it is error to refuse a change of venue; Miller v. Laraway, 31 Iowa, 538. Nothing affording snch justification appears in the record. The judgment must he

¶2Reversed.*

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