Taylor v. Lucas
Wisconsin Supreme Court
APPEAL from the Circuit Court for Kenosha County. Replevin. The cause was placed upon the calendar for trial, and, at the April term, an attorney of said court presented and read in open court an affidavit, stating that he had been requested so to do. No other application was made, and the person who presented the affidavit was not the attorney of record.
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APPEAL from the Circuit Court for Kenosha County. Replevin. The cause was placed upon the calendar for trial, and, at the April term, an attorney of said court presented and read in open court an affidavit, stating that he had been requested so to do. No other application was made, and the person who presented the affidavit was not the attorney of record. The affidavit purported to be made by one of the plaintiffs, and it stated that affiant had reason to believe, and did believe, that plaintiffs could not have a fair trial in the first judicial circuit on account of the prejudice of the…
1Opinion of the CourtRyan, C. J.
“ It is not the office of a bill of exceptions to set forth anything which ought otherwise to appear by the record. The office of a hill of exceptions is to put upon record what would not otherwise appear upon it, not to correct it or vary it. So far, and so far only, for that purpose, and for that purpose only, a hill of exceptions becomes itself a part of the record. Any repetition of the record proper, any statement of what ought to appear by the record proper, any quali*158fication of the record proper, is ultra vires in a bill of exceptions.” Hogan v. State, 36 Wis., 226.
Here we have a bill…
2Cases cited3 opinions
- Hogan v. StateWisconsin Supreme Court · 1874
- Baldwin v. MarygoldWisconsin Supreme Court · 1853
- Germann v. SchwartzWisconsin Supreme Court · 1867
3Cited by1 opinion
- Boutin v. GrowWisconsin Supreme Court · 1879