Campbell v. Jackson Circuit Judge
Campbell v. Jackson Circuit Judge
Opinion of the Court
There are three motions heard as one in this proceeding. The relator is charged with three sepa
Counsel state that the only statute governing the application is section 309, 1 Comp. Laws, which gives the power to change the venue upon, good cause shown. It is urged that, when it appears the judge of the circuit court where the cause is pending is disqualified from hearing the particular case, a change of venue will follow for that reason alone. Counsel say in relation to this contention:
“ I know of no decision in Michigan affecting the matter with respect to the points raised by this record.”
Article 6, § 11, of the Constitution, provides:
“ Judges of the circuit court may hold courts for each other, and shall do so when required by law.”
Counsel suggest that section 300,1 Comp. Laws, should apply; but a reference to the language of that section will show that the condition in the Jackson circuit court is not such as to require a notice from the clerk of Jackson county to the governor and the designation by him of a judge to preside in Jackson county. The constitutional provision quoted above is broad enough to warrant a judge of some other circuit to preside at the request of the judge of the circuit where the case is pending. See People v. Goodwin, 22 Mich. 500.
Second. Has the relator shown good cause for a change
The order denying the application for a change of venue in each of the cases is affirmed.
Reference
- Full Case Name
- CAMPBELL v. JACKSON CIRCUIT JUDGE
- Status
- Published