Moe v. Moe
Wisconsin Supreme Court
APPEALS from tlie Circuit Court for Milwaukee County. • Appeals from tliree orders made in the progress of the cause. The action is for a divorce, and was commenced in the circuit court for Milwaukee county. The summons and complaint were served on the defendant in Portage county, March 8,1875. It is undisputed that the defendant was then, and for many years had been, a resident of the latter county.
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APPEALS from tlie Circuit Court for Milwaukee County. • Appeals from tliree orders made in the progress of the cause. The action is for a divorce, and was commenced in the circuit court for Milwaukee county. The summons and complaint were served on the defendant in Portage county, March 8,1875. It is undisputed that the defendant was then, and for many years had been, a resident of the latter county. On the 13th of the same month, defendant served upon plaintiff’s attorney an affidavit of such residence, together fvith a notice, of motion to he made to the court on a day therein specified for…
1Opinion of the CourtLyoN, J.
I. The first motion for a change of the place of trial to Portage county should have been granted. The notice of motion contained a good demand for such change under the statute (R. S., ch. 123, sec. 4), and the affidavit of the ■plaintiff that the judge of the seventh circuit' is prejudiced against her, is not sufficient to defeat the motion. Such affidavit may show that the action should not be tried in that circuit; and if it be renewed.when the cause is sent to Portage county, the circuit judge will doubtless send the cause out of his circuit; but it does not show that the trial ought to…
2Cases cited3 opinions
- Bonnell v. GrayWisconsin Supreme Court · 1875
- Houghton v. ElyWisconsin Supreme Court · 1870
- Couillard v. JohnsonWisconsin Supreme Court · 1869
3Cited by5 opinions
- State ex rel. Gercke v. SeddonSupreme Court of Missouri · 1887
- State ex rel. Tolls v. TollsOregon Supreme Court · 1938
- State ex rel. Shrader v. PhillipsSupreme Court of Florida · 1893
- Woodward v. HanchettWisconsin Supreme Court · 1881
- Hamilton v. HamiltonSupreme Court of Iowa · 1906