Geiser Threshing Machine Co. v. Carter
Wisconsin Supreme Court
APPEAL from the Municipal Court of the Oity and Town of Ripon. This action was commenced in said court; and after some proceedings were had therein, the defendant applied, on a verified petition, fox a change of the place of trial, on account of the prejudice of the judge, and asked that the same he sent to some county where the cause complained of did not exist. Thereupon the court made an order changing the place of trial to the circuit court for Creen Lake county.
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APPEAL from the Municipal Court of the Oity and Town of Ripon. This action was commenced in said court; and after some proceedings were had therein, the defendant applied, on a verified petition, fox a change of the place of trial, on account of the prejudice of the judge, and asked that the same he sent to some county where the cause complained of did not exist. Thereupon the court made an order changing the place of trial to the circuit court for Creen Lake county. From this order the defendant appealed. cited State ex rel. Staric v. Mc-Arthur, 13 Wis., 383, and sec. 31, ch. 302, P. k L.…
1Opinion of the CourtOole, J.
The defendant contends that the cause should have been sent to the circuit court for Fond du Lac county, and that the municipal court had no authority to send it to any other circuit court. The sole question, therefore, presented is: Had the municipal court, under the law, the power to make the order it did ? We are of the opinion that it had. The general statutes upon the subject of changing the place of trial in civil actions in effect provide, that where the application is made on account of the prejudice of the judge of the court, there a change of the place of trial shall be awarded…
2Cases cited2 opinions
- State ex rel. Stark v. McArthurWisconsin Supreme Court · 1861
- Brockway v. CarterWisconsin Supreme Court · 1870