Legal Opinion

State ex rel. Wisconsin Dry Milk Co. v. Circuit Court

Wisconsin Supreme Court

Decided February 7, 1922PublishedCited by 16 opinions

This is a mandamus proceeding brought to compel the circuit judge of the Thirteenth circuit to change the place of trial from Dodge county to Milwaukee county of an action brought by Fred W. Rogers against the Wisconsin Dry Milk Company, a Delaware corporation, and certain of its officers and directors. The action was commenced on November 15, 1921, by service of a summons and complaint. Defendants moved for a change of the place of trial, which motion was denied.

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This is a mandamus proceeding brought to compel the circuit judge of the Thirteenth circuit to change the place of trial from Dodge county to Milwaukee county of an action brought by Fred W. Rogers against the Wisconsin Dry Milk Company, a Delaware corporation, and certain of its officers and directors. The action was commenced on November 15, 1921, by service of a summons and complaint. Defendants moved for a change of the place of trial, which motion was denied. The facts are stated in the opinion.

1Opinion of the CourtJones, J.

The complaint in the original action alleged that the defendant corporation was organized under the laws of Delaware, and that its property, adapted to the manufacture of milk powder from whole milk, is situated in Dodge county, Wisconsin; that the plaintiff is a stockholder in the corporation; that on December 31, 1920, there were not sufficient assets to pay the liabilities of the corporation; that property was inventoried at an excessive value; that since December 31, 1920, by reason of gross mismanagement, the corporation had been losing money, and its assets were being wasted and that…

2Cases cited10 opinions

  1. McArthur v. MoffetWisconsin Supreme Court · 1910
  2. Menominee River Boom Co. v. Augustus Spies Lumber & Cedar Co.Wisconsin Supreme Court · 1912
  3. Spratley v. Louisiana & Arkansas Railway Co.Supreme Court of Arkansas · 1906
  4. Anderson v. Arpin Hardwood Lumber Co.Wisconsin Supreme Court · 1907
  5. Bruil v. Northwestern Mutual Relief Ass'nWisconsin Supreme Court · 1888

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3Cited by16 opinions

  1. Heckathorn v. HeckathornMichigan Supreme Court · 1938
  2. State Ex Rel. Weede v. Iowa Southern Utilities Co. of DelawareSupreme Court of Iowa · 1942
  3. Williamson v. Missouri-Kansas Pipe Line Co.Court of Appeals for the Seventh Circuit · 1932
  4. Brust v. First National BankWisconsin Supreme Court · 1924
  5. State ex rel. Goldwyn Distributing Corp. v. GehrzWisconsin Supreme Court · 1923

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

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