Fraser v. Fargo
Wisconsin Supreme Court
Arpear from an order of the circuit court for Jefferson county: George Grimm, Circuit Judge. This appeal is from an order made July 15, 1907, denying the application of the contestants of an instrument purporting to he the last will and testament of David G. Eraser, deceased, for a change of the place of trial of said action.
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Arpear from an order of the circuit court for Jefferson county: George Grimm, Circuit Judge. This appeal is from an order made July 15, 1907, denying the application of the contestants of an instrument purporting to he the last will and testament of David G. Eraser, deceased, for a change of the place of trial of said action. The will had heen admitted to prohate in the county court of Jefferson county, notwithstanding the objections of the contestants, who thereupon appealed to the circuit court by filing the usual notice and an undertaking the sufficiency of which is questioned. The appeal…
1Opinion of the CourtBasotoed, J.
This is an appeal from an order denying the application of the appellants to change the place of trial on the ground of the prejudice of the presiding judge. Since the enactment of ch. 212, Laws of 1895, such orders have been uniformly held to he not appealable. Evans v. Curtiss, 98 Wis. 97, 73 N. W. 432; Waukesha Co. A. Soc. v. Wis. Cent. R. Co. 117 Wis. 539, 94 N. W. 289.
It is urged on behalf of the appellants that the order appealed from is subject to review here, because it practically determines the action and prevents a judgment from which an appeal may be taken, within the provisions…
2Cases cited4 opinions
- Hewitt v. FollettWisconsin Supreme Court · 1881
- Fatt v. FattWisconsin Supreme Court · 1891
- Evans v. CurtissWisconsin Supreme Court · 1897
- Waukesha County Agricultural Society v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1903
3Cited by6 opinions
- State v. BohnerWisconsin Supreme Court · 1933
- Luedtke v. LuedtkeWisconsin Supreme Court · 1966
- Lyle v. CollierCourt of Appeals of Texas · 1933
- Schwanke v. ReidWisconsin Supreme Court · 1962
- State ex rel. Wilberg v. McNaughtonSupreme Court of Minnesota · 1924
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