Church v. City of Milwaukee
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Racine County. This action, for damages alleged to have accrued to plaintiff from a change made by the defendant city in the grade of a street after such grade had once been established, was commenced in the circuit court for Milwaukee county; but, on plaintiffs motion, based upon affidavit, the place of trial was changed to Racine county.
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APPEAL from tbe Circuit Court for Racine County. This action, for damages alleged to have accrued to plaintiff from a change made by the defendant city in the grade of a street after such grade had once been established, was commenced in the circuit court for Milwaukee county; but, on plaintiffs motion, based upon affidavit, the place of trial was changed to Racine county. The plaintiff had a verdict for $1,968 damages; and, a new trial having been denied, the defendant appealed from a judgment on the verdict. The questions presented by the record will sufficiently appear from the opinion.
1Opinion of the CourtCole, J.
The first question discussed by the counsel for the city is the one in regard to the change of venue. He insists that the county court erred in changing the place of trial to Racine county. The ground assigned in the application for a change was, that a fair and impartial trial of the action could not be had in Milwaukee county. The application was founded upon three affidavits- — -one made by the plaintiff, one by Geo. G. Houghton, and one by Jas. G. Jenkins — all of whom certainly swear to the existence of a state of facts which tends to show that a fair and impartial trial of the action…
2Cases cited3 opinions
- Ruloff v. . the PeopleNew York Court of Appeals · 1871
- Goodrich v. City of MilwaukeeWisconsin Supreme Court · 1869
- Squiers v. Village of NeenahWisconsin Supreme Court · 1869
3Cited by22 opinions
- Baxter v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Pier v. City of Fond du LacWisconsin Supreme Court · 1875
- Bruce v. BeallTennessee Supreme Court · 1897
- Gibson v. StateCourt of Criminal Appeals of Texas · 1908
- State v. MillerOregon Supreme Court · 1903
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