Smith v. Clarke
Wisconsin Supreme Court
AEPEAL from the Circuit Court for Marathon County. Action to recover commissions alleged to be due upon a sale of defendant’s real estate effected by the plaintiff. At a term of the court at which the cause had been noticed for trial the defendant applied for a change of venue, on account of the alleged prejudice of the judge, but the same was denied. The case being reached for trial was submitted to the jury upon the plaintiff’s evidence alone.
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AEPEAL from the Circuit Court for Marathon County. Action to recover commissions alleged to be due upon a sale of defendant’s real estate effected by the plaintiff. At a term of the court at which the cause had been noticed for trial the defendant applied for a change of venue, on account of the alleged prejudice of the judge, but the same was denied. The case being reached for trial was submitted to the jury upon the plaintiff’s evidence alone. From the judgment entered upon the verdict returned in favor of the plaintiff the defendant appeals. contended that the venue was to be changed upon…
1Opinion of the CourtCassoday, J.
The only error assigned is the refusal to change the venue. The right to such peremptory change of the place of trial can only be acquired by the applicant filing an affidavit to the effect “ that he has good reason to believe, and does believe, that he cannot have a fair trial of such action on account of the prejudice of the judge, nam*138ing him.” Sec. 2625, R. S. Here the affidavit merely states that the applicant “has reason to fear, and does fear, that he cannot have a fair and impartial trial, ... on account of the prejudice of” the judge, naming him. We are not aware of any decision of…
2Cited by3 opinions
- Winn v. StateWisconsin Supreme Court · 1892
- Francken v. StateWisconsin Supreme Court · 1926
- Carpenter v. CommingsNew York Supreme Court · 1889