Ross v. Hanchett
Wisconsin Supreme Court
APPEAL from tlie Circuit Court for Monroe County. The action was commenced in justice’s court in Dane county. From a judgment for the plaintiff, the defendants appealed to the circuit court for said county; and, on motion of the defendants, based upon their affidavits that at the time of the service of the summons they were residents of Monroe county, the cause was removed to the circuit court for the latter county.
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APPEAL from tlie Circuit Court for Monroe County. The action was commenced in justice’s court in Dane county. From a judgment for the plaintiff, the defendants appealed to the circuit court for said county; and, on motion of the defendants, based upon their affidavits that at the time of the service of the summons they were residents of Monroe county, the cause was removed to the circuit court for the latter county. The plaintiff thereupon riioved that court for a change of the place of trial, for the reason that an impartial trial could not be had in said county of Monroe. In support of this…
1Opinion of the CourtCassoday, J.
This is an appeal from an order refusing to change the place of trial in this action from the circuit court for Monroe county, on the groiind that an impartial trial could not be had therein. Subdivision 2, sec. 2622, R. S., provides that “ the court, or the presiding judge thereof, may change the place of trial . . . where there is reason to believe that an impartial trial cannot be had therein.” It will be noticed that it is not enough to enforce the change, that the party “ believes that an impartial trial cannot be had therein,” but “the court, or the presiding judge thereof,” must be…
2Cases cited5 opinions
- Church v. City of MilwaukeeWisconsin Supreme Court · 1872
- Jackman Will CaseWisconsin Supreme Court · 1871
- Lego v. ShawWisconsin Supreme Court · 1875
- Schattschneider v. JohnsonWisconsin Supreme Court · 1876
- Frank v. AveryWisconsin Supreme Court · 1866
3Cited by7 opinions
- Cartright v. Town of BelmontWisconsin Supreme Court · 1883
- Kalb v. LuceWisconsin Supreme Court · 1941
- State v. WinchesterNorth Dakota Supreme Court · 1909
- State v. PotterNorth Dakota Supreme Court · 1930
- State v. WinchesterNorth Dakota Supreme Court · 1909
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