Legal Opinion

Hungerford v. Cushing

Wisconsin Supreme Court

Decided December 15, 1853PublishedCited by 10 opinions

APPEAL IN EQUITY PROM THE CIRCUIT COURT OP DANE COUNTY. This is an. appeal from an order of the Circuit Court of Dane county, denying the petition of the defendants for a change of venue. The causes assigned for the change of venue were: 1. The prejudice of the judge. 2. That, the judge was interested in the suit. 3. That the judge had been of counsel for the complainant.

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APPEAL IN EQUITY PROM THE CIRCUIT COURT OP DANE COUNTY. This is an. appeal from an order of the Circuit Court of Dane county, denying the petition of the defendants for a change of venue. The causes assigned for the change of venue were: 1. The prejudice of the judge. 2. That, the judge was interested in the suit. 3. That the judge had been of counsel for the complainant. The petition and affidavits in its support are very voluminous, setting out a large mass of facts and circumstances ; but as the court decided that, so far as the cause for a change of venue referred to the prejudice of the…

1Opinion of the Court

By the Oourt,

Whitoh, G. J.

This is an appeal from an order of the Circuit Court for Dane county, denying a motion for a change of venue in the case. The petitions which were filed in the court below, set out three causes for the change, viz: the prejudice of the judge; that the judge had been of counsel for the complainant, and that he was interested in the cause. In order to show clearly the nature of the various questions involved, it may be well to quote at length the statutes under which this application is made. Section one, of chapter ninety-five, of the Revised Statutes, is as follows :

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2Cases cited1 opinion

  1. Rubottom v. ShankIndiana Supreme Court · 1839

3Cited by10 opinions

  1. Craven v. United StatesCourt of Appeals for the First Circuit · 1927
  2. State ex rel. Cook v. HouserWisconsin Supreme Court · 1904
  3. City of Emporia v. VolmerSupreme Court of Kansas · 1874
  4. Ex parte N. K. Fairbank Co.District Court, M.D. Alabama · 1912
  5. State ex rel. Wickham v. NygaardWisconsin Supreme Court · 1915

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