Maxon v. Gates
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: WaeeeN D. TaeRANt, Circuit Judge. On December 1, 1902, this action being pending in the circuit court for Milwaukee county on a change of venue from Ashland county, the attorney for the defendant objected to any proceedings being had in the trial thereof upon jurisdictional grounds.
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Appeal from an order of the circuit court for Milwaukee county: WaeeeN D. TaeRANt, Circuit Judge. On December 1, 1902, this action being pending in the circuit court for Milwaukee county on a change of venue from Ashland county, the attorney for the defendant objected to any proceedings being had in the trial thereof upon jurisdictional grounds. The 'trial court, viewing such objection, apparently, as one to dismiss the action for want of jurisdiction, entered an order in form so stating the object thei’eof and denying the motion with $10 costs. From the order entered pursuant thereto this…
1Opinion of the CourtMarshall, J.
The learned counsel suggests that the order should be reversed because it was entered without warrant, no such motion as the one recited therein having been made. It is not perceived how we can consider that question. If it be true that'the learned circuit court refused to pass upon the question submitted for decision, which, had he passed upon it favorably to the defendant, would, probably have called for an order remanding the cause instead of dismissing it, the appeal here does not reach the error. It seems that such order was intended as a direct and proper response to the objection to…
2Cited by7 opinions
- State ex rel. Pabst v. Circuit Court for Milwaukee CountyWisconsin Supreme Court · 1924
- Athey v. Oregon Short Line RailroadIdaho Supreme Court · 1917
- Putney v. Milwaukee Light, Heat & Traction Co.Wisconsin Supreme Court · 1906
- Fraser v. FargoWisconsin Supreme Court · 1908
- In Re Consolidated Freight Co.Michigan Supreme Court · 1933
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