Opinion
Gen. No. 10,326. (Abstract of Decision.)
Opinion filed March 8, 1949 Rehearing denied May 3, 1949 Released for publication May 4, 1949
JUSTICES OF THE PEACE, § 52 — change of venue. Under statute providing that previous to commencement of trial before a justice of the peace or police magistrate "either" party may make oath that it is his belief that he cannot have an impartial trial before such justice or magistrate whereupon it shall be duty of justice or magistrate to grant a change of venue, quoted word means each party has a right to a change of venue; hence police magistrate to whom forcible entry and detainer suit had been transferred from a justice court on defendant's application for a change of venue was liable to plaintiff for statutory penalty where magistrate denied plaintiff's request for a change of venue (Ill. Rev. Stat. 1945, ch. 79, pars. 34-36; Jones Ill. Stats. Ann. 71.030-71.032).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of LaSalle county; the Hon. ROY WILHELM, Judge, presiding.
Judgment affirmed. Heard in this court at the October term, 1948.
Van Peursem, MeVeilly Ryan, for appellant;
U.S. Collins, Jr., for appellee.
Not to be published in full. Opinion filed March 8, 1949; rehearing denied May 3, 1949; released for publication May 4, 1949.