Montgomery v. Town of Soott
Wisconsin Supreme Court
APPEAL from the -Circuit Court for Dodge County. This action was pending in the circuit court for Sheboygan county when the plaintiff filed a written application for a change of venue, as follows : [Title, etc.] “ The above named plaintiff hereby respectfully makes application for a change oE the place of trial of this action on account of the prejudice of the judge of said circuit court against the applicant and in favor of the said defendant.” [Signed by the plaintiff.] To…
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APPEAL from the -Circuit Court for Dodge County. This action was pending in the circuit court for Sheboygan county when the plaintiff filed a written application for a change of venue, as follows : [Title, etc.] “ The above named plaintiff hereby respectfully makes application for a change oE the place of trial of this action on account of the prejudice of the judge of said circuit court against the applicant and in favor of the said defendant.” [Signed by the plaintiff.] To this application was subjoined an affidavit which, omitting the formal part, was as follows: “ I, Alice A. Montgomery,…
1Opinion of the CourtCole, J.
It may be conceded for the purposes of this case, that the application for a change of the place of trial on account of the prejudice of the judge was not in conformity with the statute upon that subject, and therefore was insufficient had seasonable objection been taken to it on that ground; still, upon the facts, we are clearly of opinion that the defect cannot now be insisted upon, but that the doctrine of waiver applies. The place of trial was changed upon this application to the circuit court of Dodge county, where the cause was twice tried upon the merits. ■ It .is true that on the…
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