Bachmann v. City of Milwaukee
Wisconsin Supreme Court
APPEALS from the County Court of Milwaukee County. While these actions were pending in the circuit court for Milwaukee county, the plaintiff in each case procured a change of venue to the county court of the same county, upon an ex fiarte application and an affidavit of the prejudice of the circuit judge.
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APPEALS from the County Court of Milwaukee County. While these actions were pending in the circuit court for Milwaukee county, the plaintiff in each case procured a change of venue to the county court of the same county, upon an ex fiarte application and an affidavit of the prejudice of the circuit judge. By the form of the affidavit, the plaintiff in each, case declares “ that he has good reason to believe, and does believe, that he cannot have a fair trial of said action in this court, on account of the prejudice of the Hon. David W. Small, judge of this court.” Thereupon the defendant city…
1Opinion of the CourtRyan, C. J.
The affidavit to change the venue in each of these cases follows the statute, could not properly do otherwise, and is sufficient. The venue is to be changed, not upon the fact of the judge’s prejudice, but upon the imputation of it. Van Slyke v. Ins. Co., 39 Wis., 390. And the statute, as it now stands, appeals to the conscience of the party for a reasonable apprehension, not for the truth of the fact on which the apprehension rests. It goes upon a statement of belief, not of fact, save in so far as belief may be a fact; upon assertion that the party has reason to believe and does believe…
2Cases cited2 opinions
- Van Slyke v. Trempealeau County Farmers' Mutual Fire InsuranceWisconsin Supreme Court · 1876
- Jones v. United StatesWisconsin Supreme Court · 1880
3Cited by9 opinions
- State v. HolmesWisconsin Supreme Court · 1982
- Van Dyke v. Superior CourtArizona Supreme Court · 1922
- State Ex Rel. Hannah v. ArmijoNew Mexico Supreme Court · 1933
- U'ren v. BagleyOregon Supreme Court · 1926
- Stephens v. StephensArizona Supreme Court · 1915
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