Rines v. Boyd
Wisconsin Supreme Court
APPEAL FROM THE ROCK CIRCUIT COURT. Action, on a bond made by Boyd principal and, Barstow and Hunter as sureties, commenced by the respondent against the plaintiffs. The cause being at issue at the June term, A. D. 1858, the defendants, upon affidavit of the defendant Boyd, moved for a continuance of the said cause, which was overruled.
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APPEAL FROM THE ROCK CIRCUIT COURT. Action, on a bond made by Boyd principal and, Barstow and Hunter as sureties, commenced by the respondent against the plaintiffs. The cause being at issue at the June term, A. D. 1858, the defendants, upon affidavit of the defendant Boyd, moved for a continuance of the said cause, which was overruled. After-wards, in said term, on the 23d day of June, the counsel for the defendants applied to the court for a change of venue in said case, upon the following petition signed by Boyd and Hunter, and duly verified by affidavit: “ That your petitioners verily…
1Opinion of the Court
*157 By the Court,
Smith J.
The petition set forth in the hill ot exceptions in this case seems to be in strict conformity with the statute, and we do not perceive why the circuit judge should have hesitated to grant the prayer thereof. The statue of 1S53, it would seem, takes away all discretion of the judge in cases of this kind. Those conversant with the history of the times and the construction put by the courts upon the provisions of chapter 95, § 1, of the revised statutes of 1849, by which the judge was held to be obliged to decide upon the fact of his own prejudice, know, that the very…
2Cases cited1 opinion
- Baldwin v. MarygoldWisconsin Supreme Court · 1853
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