20 Wis. 139 | Wis. | 1865
This is an appeal from an order refusing to change the place of trial. The action in the circuit court was an appeal from the decision of the board of supervisors of Milwaukee county, by which an account, amounting to the sum of $652.41, in favor of Jefferson county and against Milwaukee county, was disallowed. The application for a change of the place of trial was based upon several grounds, the principal.one of which was, that the circuit judge, being an inhabitant and taxpayer of Milwaukee county, was interested in the subject matter of the action adversely to the plaintiff. Our statute provides that whenever the judge is a party, or is interested in the matter in controversy, in any action pending before him, or is related to or has been of counsel for either party, the court in term time shall, upon the application of either party, and may without such application, change the place of trial. Section 7,
By the Court. — The order of the circuit court is reversed, and the cause remanded for further proceedings