Morris v. P. & D. General Contractors, Inc.

The first contention of General Contractors is that the court was in error in failing to change the venue of the action when an affidavit of prejudice was filed on November 11, 1939, by General Contractors. There are two-answers to this contention: First, the affidavit was not timely filed; second, it was not joined in by all the defendants on the same side.

Sec. 261.08 (3), Stats., provides:

“When the judge named in the affidavit is the presiding judge of the circuit, such affidavit must be filed and motion thereon made on or before the first day of the term, at which the case is triable, or…