139 Mo. App. 272 | Mo. Ct. App. | 1909
The only question to be determined here is the propriety of the court’s action in overruling the application for change of venue. When the application alleges disqualification of the judge, there is no provision of law for contesting the truth of the allegation. The statute (R. S. 1899, sec. 822) provides, “When reasonable notice shall have been- given' to the adverse party, or his attorney of record, the court or judge, as the case may be, shall consider the application, and if it be sufficient, a change of venue shall be awarded. . . .” This statute is mandatory. [Douglass v. White, 134 Mo. 228.] There are but two things for the court to pass on, which are, is the notice to the opposite party, or his attorney of record, reasonable, and is the application sufficient. In this case, no objection was made by defendant on the ground of an insufficient notice. In fact, no objection at all seems to have been made by defendant, but the opposition to sustaining the application seems to have been confined to the court alone. In determining the sufficiency of the application the court may consider what evidence there may he a&