Woods v. Winter

On this appeal it is the contention of the defendant that the presiding judge, against whom the affidavit of prejudice was filed, on the return day of the order to show cause why a temporary injunction should not issue, had no jurisdiction or power to proceed further in the action and for that reason the order made by the court on January 2, 1948, was null and void.

Sec. 261.08 (1), Stats., provides:

“The court shall change the place of trial to an adjoining circuit upon the application of any party, who shall file his affidavit, that he has good reason to, and does believe, that he cannot have…