Legal Opinion

Fenelon v. Butts

Wisconsin Supreme Court

Decided November 3, 1881PublishedCited by 25 opinions

APPEAL from the Circuit Court for Dodge County. Action for false imprisonment. The case was before the supreme court on a former appeal, and is reported in 49 Wis., 342. A sufficient statement of the pleadings and of 'the principal facts in the case will there be found. The action was commenced in the circuit court for Fond du Lac county, and, on motion of the plaintiffs, upon the ground of the prejudice of the judge of that. court, the venue was changed to Rock county.

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APPEAL from the Circuit Court for Dodge County. Action for false imprisonment. The case was before the supreme court on a former appeal, and is reported in 49 Wis., 342. A sufficient statement of the pleadings and of 'the principal facts in the case will there be found. The action was commenced in the circuit court for Fond du Lac county, and, on motion of the plaintiffs, upon the ground of the prejudice of the judge of that. court, the venue was changed to Rock county. A trial was there had, which resulted in a verdict for the plaintiffs. A new trial was granted, and on May 6, 1878, upon the…

1Opinion of the CourtOrton, J.

1. There had been a change of the place of trial, on the ground of prejudice of the judge, from the county of Rock to'the county of Dodge, under the law of 1876, on the 6th day of May, 1S78. The defendant again made application for changing the place of trial, for the same cause, from the county of Dodge, on the 11th day of October, 1880, which was refused on the ground that there had already been one removal for that cause, and only one could be granted. It is unnecessary to decide whether the statute of 1875, under which only one removal could be had, was or was not repealed by the statute…

2Cases cited5 opinions

  1. Craker v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
  2. Wilson v. YoungWisconsin Supreme Court · 1872
  3. Judson v. CookNew York Supreme Court · 1852
  4. Fenelon v. ButtsWisconsin Supreme Court · 1880
  5. Hoffman v. EppersWisconsin Supreme Court · 1876

3Cited by25 opinions

  1. Marriott v. WilliamsCalifornia Supreme Court · 1908
  2. Koerber v. PatekWisconsin Supreme Court · 1904
  3. Miller v. FanoCalifornia Supreme Court · 1901
  4. Corcoran v. HarranWisconsin Supreme Court · 1882
  5. Grace v. DempseyWisconsin Supreme Court · 1889

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