State ex rel. Carpenter v. Backus
Wisconsin Supreme Court
This is an original proceeding brought in this court in the form of a mandamus and certiorari. An alternative writ of mandamus and a writ of certiorari auxiliary thereto are addressed and directed to Honorable August C. Baoiojs, acting as judge of the circuit court for Racine county, commanding him to vacate and set aside a certain order made in his court on November 25, 1916, dismissing the petition of the relators and denying them a change of venue because of the prejudice…
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This is an original proceeding brought in this court in the form of a mandamus and certiorari. An alternative writ of mandamus and a writ of certiorari auxiliary thereto are addressed and directed to Honorable August C. Baoiojs, acting as judge of the circuit court for Racine county, commanding him to vacate and set aside a certain order made in his court on November 25, 1916, dismissing the petition of the relators and denying them a change of venue because of the prejudice of the people of Racine county, or show cause to the contrary before this court. The respondent moved to quash the…
1Opinion of the CourtSiebecker, J.
It seems clear that tbe right to a change of venue in this state is regulated by statute. This is declared by the decisions in this court on the subject. The effect of such decisions is stated in French v. State, 93 Wis. 325, 335, 67 N. W. 106:
“The right to a change of venue depends entirely upon the statute. It is not guaranteed by Const, art. I, sec. I, or any other provision of the constitution. As the right exists only by virtue of the statute, a change of venue can be had only upon the terms the statute prescribes.”
See Baker v. Slate, 56 Wis. 568, 14 N. W. 118; Boldt v. State, 72 Wis. 7,…
2Cases cited6 opinions
- Oborn v. StateWisconsin Supreme Court · 1910
- Boldt v. StateWisconsin Supreme Court · 1888
- Baker v. StateWisconsin Supreme Court · 1883
- French v. StateWisconsin Supreme Court · 1896
- Tank v. RohwederSupreme Court of Iowa · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State v. MendozaWisconsin Supreme Court · 1977
- Krueger v. StateWisconsin Supreme Court · 1920
- Patterson v. StateSupreme Court of Alabama · 1937
- Stahl v. BroeckertWisconsin Supreme Court · 1918
- State Ex Rel. Ricco v. BiggsOregon Supreme Court · 1953
4 more not listed; retrieve them via the Exa API.