Morrell v. Glasspoole
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for St. Croix county: A. J. YiNje, Judge. This action was commenced in justice’s court. On the return day the defendant appeared and filed an affidavit of prejudice, with a request that the case be removed to the county court of St. Croix county under sec. 4, cb. 119, Laws of 1899. The case was so removed, and the trial was had. An appeal was taken to the circuit court.
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Appeal from a judgment of the circuit court for St. Croix county: A. J. YiNje, Judge. This action was commenced in justice’s court. On the return day the defendant appeared and filed an affidavit of prejudice, with a request that the case be removed to the county court of St. Croix county under sec. 4, cb. 119, Laws of 1899. The case was so removed, and the trial was had. An appeal was taken to the circuit court. There it was discovered that the justice before whom the oath of prejudice was taken had failed to sign the jurat: The plaintiff then procured the affidavit of the justice to the…
1Opinion of the CourtBaedebN, J.
The defendant is seeking to take advantage of a mistake made in a proceeding instituted by him to remove the case from the justice before whom this action was commenced. The statute (see. 3616, Stats. 1898) provides that if the defendant shall “make oath that, from prejudice or other cause, he believes that such justice will not decide impartially,” the justice shall transmit the papers to some other magistrate. Burns v. Doyle, 28 Wis. 460, decides that this statute does not require the party to make an affidavit, but only an oath. The record of the justice recites that the “ defendant…
2Cases cited5 opinions
- Hewitt v. FollettWisconsin Supreme Court · 1881
- Lederer v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1875
- Burns v. DoyleWisconsin Supreme Court · 1871
- Kidder v. FayWisconsin Supreme Court · 1884
- State ex rel. Weber v. CordesWisconsin Supreme Court · 1894