Billings v. Noble
Wisconsin Supreme Court
APPEAL from the Circuit Court for Monroe County. The following statement of the case was prepared by Mr. Justice Cassoday: The facts in the record are to the effect that October 24, 1887, the plaintiff was arrested on a warrant issued by the defendant as a justice of the^peace, upon a complaint made by one Atcherson, charging him with the criminal offense of stealing a watch worth $35; that on the same day he was brought before the justice by the officer having him in…
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APPEAL from the Circuit Court for Monroe County. The following statement of the case was prepared by Mr. Justice Cassoday: The facts in the record are to the effect that October 24, 1887, the plaintiff was arrested on a warrant issued by the defendant as a justice of the^peace, upon a complaint made by one Atcherson, charging him with the criminal offense of stealing a watch worth $35; that on the same day he was brought before the justice by the officer having him in custody; that the hearing was thereupon continued until October 26,1887, at ten o’clock a. m. ; that the plaintiff then gave…
1Opinion of the CourtCassoday, J.
The affidavit for the removal of the examination was, in the language of .the statute, “ that, from prejudice or other cause,”' the person charged believed the justice would “ not decide impartially in the matter,” etc. Sec. 4809, R. S. 1 It is said to be settled in Jenkins v. Morn*330ing, 38 Wis. 197, that such an affidavit is sufficient and ousts the justice of jurisdiction. The application for the change of venue in that case was under a section substantially like the above section. It was sec. 3616, R. S. The affidavit of the defendant in that cause was, however, to the effect “ that, from…
2Cases cited4 opinions
- Clifford v. StateWisconsin Supreme Court · 1871
- Goodyear Rubber Co. v. KnappWisconsin Supreme Court · 1884
- Dodge v. BardenWisconsin Supreme Court · 1873
- Jenkins v. MorningWisconsin Supreme Court · 1875
3Cited by5 opinions
- Hinkle v. LovelaceSupreme Court of Missouri · 1907
- Holloway v. HollowaySupreme Court of Arkansas · 1908
- Swan v. PorterWisconsin Supreme Court · 1897
- Blumme v. TierneyWisconsin Supreme Court · 1924
- Juergens v. RichardsonWisconsin Supreme Court · 1953