Legal Opinion

State ex rel. Milwaukee Electric Railway & Light Co. v. Circuit Court for Rock County

Wisconsin Supreme Court

Decided January 8, 1908PublishedCited by 7 opinions

Mandamus to the Circuit Court for Eock County. Mandamus action to. compel the circuit judge for Eock county to change the venue of an action commenced in such court against the relator and the Chicago, Milwaukee & St. Paul Eailway Company to Milwaukee county.

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Mandamus to the Circuit Court for Eock County. Mandamus action to. compel the circuit judge for Eock county to change the venue of an action commenced in such court against the relator and the Chicago, Milwaukee & St. Paul Eailway Company to Milwaukee county. Winifred Eifield, plaintiff in the action, having been injured in the city of Milwaukee, Wisconsin, under such circumstances, as alleged in her complaint, as to render both the relator, an electric railway corporation having its principal office and place of business in said city, and the Chicago, Milwaukee & St. Paul Eailway Company, a…

1Opinion of the Court

Maeshaul,’ J.

Tbe important proposition to be met at tbe outset in this cause is: Ought tbe court, under tbe circumstances, to allow tbe use of its power of superintending control to test tbe question of whether relator was entitled to a change of venue, as requested ?

Counsel for both sides failed to argue tbe proposition mentioned. They seem to have taken for granted that it was passed upon at tbe time of granting tbe alternative writ, or *304was then deemed not to be open to serious controversy in tbe light of previous decisions. Tbe fact is, though undisclosed by anything' appearing in the…

2Cases cited3 opinions

  1. State ex rel. Fourth National Bank of Philadelphia v. JohnsonWisconsin Supreme Court · 1899
  2. State ex rel. Rowell v. DickWisconsin Supreme Court · 1905
  3. State ex rel. Schutz v. WilliamsWisconsin Supreme Court · 1906

3Cited by7 opinions

  1. In re Pierce-Arrow Motor Car Co.Wisconsin Supreme Court · 1910
  2. State ex rel. McGovern v. WilliamsWisconsin Supreme Court · 1908
  3. Stormon v. District CourtNorth Dakota Supreme Court · 1949
  4. State Ex Rel. Joyce v. FarrWisconsin Supreme Court · 1940
  5. State v. RossSouth Dakota Supreme Court · 1924

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