Van Slyke v. Trempealeau County Farmers' Mutual Fire Insurance
Wisconsin Supreme Court
APPEAL from tlie Circuit Court for Trempealeau County. Action for a loss by fire, under an alleged agreement for insurance.
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APPEAL from tlie Circuit Court for Trempealeau County. Action for a loss by fire, under an alleged agreement for insurance. Plaintiff presented to tlie court a petition representing that the jrrdge, by reason of relationship to the parties, was insensibly prejudiced in the case; whereupon the parties stipulated for a trial before John J. Cole, Esq., a member of the bar of the srfyreme court.* ■ The bill of exceptions states that the.action “ came on for trial before John J. Cole, Esq., a counselor of the supreme court of this state, who sat as judge to try the case by stipulation of the…
1Opinion of the Court
Ryan, O. J.
Mere imputation of prejudice to the circuit judge, made in proper time by either party to a civil action, entitles the party making it to a change of the venue. Ch. 123, sec. 8, R. S.; ch. 206 of 1862. With a view, doubtless, of mitigating such inconvenience, ch. 69 of 1870 authorizes the parties to avoid change of the venue on that ground, by stipulating that a member of the bar of this court shall act as judge in the cause, with all the powers and duties of the circuit judge.
- Such a statute might work well. But we cannot consider *392it competent under tbe constitution. That…
2Cases cited4 opinions
- Grumon v. RaymondSupreme Court of Connecticut · 1814
- In re of BoyleWisconsin Supreme Court · 1859
- Sayles v. DavisWisconsin Supreme Court · 1866
- Attorney General v. McDonaldWisconsin Supreme Court · 1854
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- Borgnis v. Falk Co.Wisconsin Supreme Court · 1911
- State ex rel. Hovey v. NobleIndiana Supreme Court · 1889
- State Ex Rel. Hannah v. ArmijoNew Mexico Supreme Court · 1933
- U'ren v. BagleyOregon Supreme Court · 1926
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