Eldred v. Becker
Wisconsin Supreme Court
APPEAL from the Circuit Court for Marathon County. This appeal is by the defendant Bedker from an order denying his application, made in his own behalf alone, for a change of the place of trial of the action. The application was based upon the affidavit of Becker to the prejudice of the judge of the court in which the action was pending.
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APPEAL from the Circuit Court for Marathon County. This appeal is by the defendant Bedker from an order denying his application, made in his own behalf alone, for a change of the place of trial of the action. The application was based upon the affidavit of Becker to the prejudice of the judge of the court in which the action was pending. Such affidavit is in the form required by sec. 2625, N. S. The situation of the case when the above proceedings were had is set forth in two affidavits made after the order appealed from was entered, which were filed by leave of court. One of these was made…
1Opinion of the CourtLtoN, J.
1. The point is made by the plaintiffs that in the determination of this appeal the affidavits which the court permitted to be filed (evidently as part of the motion papers) should be disregarded because they were not made until after the court had denied the motion to change the place of trial, and consequently could not have been used on the hearing of the motion. We think the point is not well made. All the material facts stated in the affidavits appeared of record in the cause, and the judge necessarily took judicial notice of them when he considered and decided the motion. Had the whole…
2Cases cited4 opinions
- Wolcott v. WolcottWisconsin Supreme Court · 1873
- Rupp v. SwinefordWisconsin Supreme Court · 1876
- Swineford v. PomeroyWisconsin Supreme Court · 1863
- Grobman v. HahnWisconsin Supreme Court · 1883
3Cited by9 opinions
- Jones v. BrinsonSupreme Court of North Carolina · 1953
- State ex rel. Rowell v. DickWisconsin Supreme Court · 1905
- Jacubeck v. HewittWisconsin Supreme Court · 1884
- State v. Tavodess MatthewsWisconsin Supreme Court · 2021
- Stahl v. BroeckertWisconsin Supreme Court · 1918
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