Legal Opinion

State ex rel. Meyer v. Park

Wisconsin Supreme Court

Decided May 31, 1921PublishedCited by 3 opinions

Action of mandamus commenced in this court to compel the circuit judge of the Seventh circuit to change the place of trial of an action, wherein A. P. Bean is plaintiff and F. W. Meyer is defendant, from Wood county to Barron county. The respondent moved to quash the alternative writ. The petition shows the following facts: A. P. Bean sued F. W. Meyer, the petitioner here, on two promissory notes.

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Action of mandamus commenced in this court to compel the circuit judge of the Seventh circuit to change the place of trial of an action, wherein A. P. Bean is plaintiff and F. W. Meyer is defendant, from Wood county to Barron county. The respondent moved to quash the alternative writ. The petition shows the following facts: A. P. Bean sued F. W. Meyer, the petitioner here, on two promissory notes. The complaint was served January 12, 1921, and on January 31st the defendant served a notice of appearance with a demand that the place of trial be changed to Barron county. The demand was…

1Opinion of the CourtRosenberry, J.

Subject to the right of the defendant to change the place of trial (sec. 2620, Stats.), the county designated in the complaint shall be the place of trial.

“Sec. 2619. The proper place of trial of civil actions is as follows, respectively: . . .
“Seventh. Of any other action, the county in which any defendant resides at the commencement of the action; . .

By sec. 2621 it is provided that when the county desig*454nated in the summons and complaint is not the proper place of trial, defendant may, within twenty days after the service of the complaint, serve upon the attorney for the plaintiff a demand…

2Cases cited6 opinions

  1. Couillard v. JohnsonWisconsin Supreme Court · 1869
  2. Meiners v. LoebWisconsin Supreme Court · 1885
  3. Bonnell v. EsterlyWisconsin Supreme Court · 1872
  4. Maher v. Davis & Starr Lumber Co.Wisconsin Supreme Court · 1893
  5. Stahl v. BroeckertWisconsin Supreme Court · 1918

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Buckle v. Ogden Furniture & Carpet Co.Utah Supreme Court · 1923
  2. State Ex Rel. Hartwig's Poultry Farm, Inc. v. BundeWisconsin Supreme Court · 1969
  3. State Ex Rel. Hartwig's Poultry Farm, Inc. v. BundeWisconsin Supreme Court · 1969

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