Opinion
Gen. No. 9,316. (Abstract of Decision.)
Opinion filed February 24, 1942
JUSTICES OF THE PLACE, § 52 — penalty incurred for refusal of change of venue. It is the duty of a justice of the peace to grant a change of venue where a party to the suit, before commencement of trial, makes oath that he cannot have an impartial trial before said justice, and where this was not done in a proper case, the justice was subject to the penalty of $100 provided for in paragraph 36 of the Justices and Constables Act.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Pike county; Hon. A. CLAY WILLIAMS, presiding.
Affirmed. Heard in this court at October term, 1941.
A.W. Schimmel, for appellant;
Williams Williams, for appellee.
"Not to be published in full." Opinion filed February 24, 1942.