Bantley v. Stowell
Wisconsin Supreme Court
APPEALS from the Circuit Court for Milwaukee County. These cases all present the same question. Each is an appeal by the defendants from an order changing the place of trial of the action from the circuit court of Milwaukee county to the superior court, upon an affidavit of prejudice made by one of the defendants. The motion in each case was made after one continuance in the action
1Opinion of the Court
Winslow, J-
The statute provides that upon the filing of an affidavit of prejudice of the judge, after a continuance in an action granted upon application of the party filing such affidavit, the venue shall be changed only upon payment of the costs of making such change and the costs of the term. R. S. sec. 2625, as amended by sec. 1, ch. 806, Laws of 1881. Upon making these payments the right to a change of venue is absolute. In these cases the costs of the term are fixed at two dollars. No other item of expense can be added, save the costs of making the change, which must be the legal fees…
2Cases cited1 opinion
- Dodge v. BardenWisconsin Supreme Court · 1873
3Cited by1 opinion
- Waldkirch v. HoffWisconsin Supreme Court · 1924