Jenkins v. Morning
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for CMgo'pewa County. Action brought in tbe police court for tbe city of Chippewa Palls. The defendant, on tbe return day of the summons, appeared specially for the purpose of moving for a change of venue, and filed an affidavit of 'the prejudice of the police justice, in accordance with the general statute relating to justices’ courts, at the same time tendering the justice a five-dollar bill from which to take his fees.
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APPEAL from tbe Circuit Court for CMgo'pewa County. Action brought in tbe police court for tbe city of Chippewa Palls. The defendant, on tbe return day of the summons, appeared specially for the purpose of moving for a change of venue, and filed an affidavit of 'the prejudice of the police justice, in accordance with the general statute relating to justices’ courts, at the same time tendering the justice a five-dollar bill from which to take his fees. The justice made no objection to the tender, but indorsed on the affidavit a statement that the proper amount of his fees had been tendered…
1Opinion of the CourtCole, J.
We are of the opinion that the police justice lost all jurisdiction to try this action, on the application made for its removal.
On the return day of the summons, the defendant made and filed his affidavit that from prejudice or other cause he believed the police justice would not impartially décide the matter. The general statute in regard to justices’ courts provides that in all cases where the defendant, on the return day of the process, and before any proceedings are had on his part, shall make an oath that, from prejudice or other cause, he believes such justice will not decide…
2Cases cited1 opinion
- Atkins v. FrakerWisconsin Supreme Court · 1873
3Cited by4 opinions
- Billings v. NobleWisconsin Supreme Court · 1889
- State v. AllisonWisconsin Supreme Court · 1879
- Hellriegel v. TrumanWisconsin Supreme Court · 1884
- State ex rel. Bancroft v. FrearWisconsin Supreme Court · 1910