Kennon v. Gilmer
131 U.S. 22 (1889)

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U.S. Supreme Court

Kennon v. Gilmer, 131 U.S. 22 (1889)

Kennon v. Gilmer

Nos. 178, 203

Argued January 30-31, 1889

Decided May 13, 1889

131 U.S. 22

ERROR TO THE SUPREME COURT

OF THE TERRITORY OF MONTANA

Syllabus

The denial of a change of venue, moved for on the affidavit of the party's agent to the state of public opinion in the county in which the action is brought, is not reviewable by this Court on error to the Supreme Court of a territory, even if a subject of appeal to that court from the trial court under the territorial statutes.

In an action against the proprietors of a stage coach for an injury caused to a passenger by the misbehavior of one of the horses, evidence of subsequent similar misbehavior of the horse is admissible, in connection with evidence of his misbehavior at and before the time of the accident, as tending to prove a vicious disposition and fixed habit.

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