Frank v. Avery
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Jefferson County. An action for personal injuries, which, it is alleged, the defendant wronfully, willfully and maliciously inflicted upon and caused the plaintiff. Answer, in denial. After eleven jurors had been called, defendant was permitted, by stipulation, to move for a change of venue; and did so upon affidavits of himself and one Perry.
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APPEAL from tbe Circuit Court for Jefferson County. An action for personal injuries, which, it is alleged, the defendant wronfully, willfully and maliciously inflicted upon and caused the plaintiff. Answer, in denial. After eleven jurors had been called, defendant was permitted, by stipulation, to move for a change of venue; and did so upon affidavits of himself and one Perry. Defendant’s affidavit, beside showing merits, stated, in substance, that the plaintiff, in June, 1865, and soon after the alleged injuries, instituted a criminal action against affiant before a justice of the peace, for…
1Opinion of the CourtDixon, C. J.
Upon a motion to change the yenue on the ground that an impartial trial cannot be had in the county where the action is pending, the inability to obtain a fair and unprejudiced jury must be clearly established. The opinions and belief of witnesses will not be taken. The facts and circumstances showing that a fair trial cannot be had, must be set forth, so as to enable the court to judge for itself whether or not the application is well founded; and some of the cases go so far as to require an actual experiment whether a fair and unprejudiced jury can be impanneled, as the only evidence upon…
2Cited by3 opinions
- State v. VinesWyoming Supreme Court · 1936
- Timm v. BearWisconsin Supreme Court · 1871
- Ross v. HanchettWisconsin Supreme Court · 1881