Delaney v. Schuette
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ozauliee County. This action was commenced in the.circuit court for Mani-towoc county; but the place of trial was duly changed to the circuit court for Ozaukee county. When the cause was reached on the calendar of the latter court, and called for trial, the court made an order striking it from the calendar for reasons which are stated in the opinion; and from this order plaintiff appealed.
1Opinion of the CourtCorns, J.
The certificate which „was annexed to the papers transmitting this cause from the Manitowoc circuit court, on change of venue, was made in the name of the clerk, but signed by the deputy clerk. The learned judge of the circuit court for Ozaukee county, where the cause was sent for trial, held that the certificate was void for want of authority on the part of the deputy to make the same, because it did not appear on the face of the certificate that the clerk was absent from his office at the time, so as to authorize the deputy to act for him. The court, therefore, refused to try the causej and…
2Cases cited4 opinions
- State ex rel. Hopkins v. OlinWisconsin Supreme Court · 1868
- Sexton v. RhamesWisconsin Supreme Court · 1860
- Huey v. Van WieWisconsin Supreme Court · 1869
- McLeod v. BertschyWisconsin Supreme Court · 1872
3Cited by3 opinions
- Pine Tree Lumber Co. v. City of FargoNorth Dakota Supreme Court · 1903
- Greenfield School District v. Hannaford Special School DistrictNorth Dakota Supreme Court · 1910
- Cooper v. Village of WaterlooWisconsin Supreme Court · 1894