Cyra v. Stewart
Wisconsin Supreme Court
APPEAL from the Circuit Court for Portage County. The defendants appeal from an order denying their motion for a change of the place of trial, on the ground that an impartial trial could not be had because of the prejudice and hostility of the people of Portage county. By stipulation, fourteen other similar cases were to abide the decision herein. The case sufficiently appears in the opinion.
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APPEAL from the Circuit Court for Portage County. The defendants appeal from an order denying their motion for a change of the place of trial, on the ground that an impartial trial could not be had because of the prejudice and hostility of the people of Portage county. By stipulation, fourteen other similar cases were to abide the decision herein. The case sufficiently appears in the opinion. They contended that the facts stated in the affidavits supporting the motion made a very strong case of “ reason to believe ” that an impartial trial could not be had in Portage county, which was all…
1Opinion of the CourtCole, C. J.
This is an appeal from an order of the circuit court denying the appellant’s application for a change of the place of trial on account of the prejudice of the people of the county. There are fourteen other cases, identical with the present one, founded on claims for dam*74ages from a fire which, it is alleged, had its origin on the appellant’s right of way, through its negligence in allowing combustible material to accumulate thereon.
The statute authorizes the court to change the place of trial “ when there is reason to believe that an impartial trial cannot be had ” in the county where the…
2Cases cited2 opinions
- Rowan v. StateWisconsin Supreme Court · 1872
- Lego v. ShawWisconsin Supreme Court · 1875
3Cited by4 opinions
- Pool v. Milwaukee Mechanics InsuranceWisconsin Supreme Court · 1896
- Castle v. Village of BaudetteSupreme Court of Minnesota · 1963
- Carpenter v. Central Vermont Railway Co.Supreme Court of Vermont · 1911
- VanHercke v. EastvoldCourt of Appeals of Minnesota · 1987