Legal Opinion

Wheeler & Wilson Manufacturing Co. v. Lawson

Wisconsin Supreme Court

Decided April 4, 1883PublishedCited by 13 opinions

APPEAL from the Circuit Court for Racine County. The appeal is from an order denying the plaintiff’s application for a change of venue on the ground of the prejudice of the judge. The material part of the affidavit upon which such application was based will be found in the opinion. They cited: Western Bcmk v. Tollman, 15 Wis., 93: E. S., sec. 2637, snbd. 10, 11; Upper Miss. Trans.

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APPEAL from the Circuit Court for Racine County. The appeal is from an order denying the plaintiff’s application for a change of venue on the ground of the prejudice of the judge. The material part of the affidavit upon which such application was based will be found in the opinion. They cited: Western Bcmk v. Tollman, 15 Wis., 93: E. S., sec. 2637, snbd. 10, 11; Upper Miss. Trans. Co. v. Whittaker, 16 Wis., 220; Carr v. Bank, 18 id., 255; 8. O., 19 id., 272; Schroicdenbeck v. Ins. Co., 15 id., 633; Market Mat. Bank v. Mogcm, 21 id., 317; N. Y. Code, sec. 157; Glaubensklee v. M. & A. Packet…

1Opinion of the CourtOetoN, J.

The motion for a change of venue, made on behalf of the plaintiff on account of the prejudice of the judge, was denied. The plaintiff is a corporation of the state of Connecticut, and the affidavit was made by one James M. Beach, who alleges therein that he is “general agent and managing agent of the plaintiff’s corporation in this state of Wisconsin, and is duly authorized by said plaintiff- to make, and does make, this affidavit for and in its behalf.” The ground upon which the motion was denied, was that the affi-ant was not authorized by law to make the affidavit, and whether he was so…

2Cases cited5 opinions

  1. Western Bank of Scotland v. TallmanWisconsin Supreme Court · 1862
  2. Upper Mississippi Transportation Co. v. WhittakerWisconsin Supreme Court · 1862
  3. Market National Bank of New York v. HoganWisconsin Supreme Court · 1867
  4. Carr v. Commercial Bank of RacineWisconsin Supreme Court · 1865
  5. Farmers' Loan & Trust Co. v. WarringWisconsin Supreme Court · 1866

3Cited by13 opinions

  1. Fidelity & Casualty Co. of New York v. CarrollIndiana Supreme Court · 1917
  2. Kreider v. Wisconsin River Paper & Pulp Co.Wisconsin Supreme Court · 1901
  3. Robinson v. Moark-Nemo Consolidated Mining Co.Missouri Court of Appeals · 1914
  4. Powers v. Rutland RailroadSupreme Court of Vermont · 1914
  5. Robert E. Lee Silver Mining Co. v. Omaha & Grant Smelt. & Ref. Co.Supreme Court of Colorado · 1891

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