Couillard v. Johnson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Oconto County. Action for the conversion by defendants of plaintiff’s logs. Defendants demanded that the cause be tried in Milwaukee county, where they all resided and were served with the summons; and, plaintiff having refused to comply with the demand, they, after answering, moved the court for an order transferring the cause.
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APPEAL from the Circuit Court for Oconto County. Action for the conversion by defendants of plaintiff’s logs. Defendants demanded that the cause be tried in Milwaukee county, where they all resided and were served with the summons; and, plaintiff having refused to comply with the demand, they, after answering, moved the court for an order transferring the cause. Plaintiff having filed an affidavit showing that the convenience of his witnesses required the trial to be had in Oconto county, the court denied the motion. Afterward the defendants’ attorney noticed the cause for trial; but when it…
1Opinion of the Court
Dixox, 0. J.
The question supposed to have been involved, but which was not, and so not decided, on the application for a mandamus in State ex rel. Johnson v. Washburn (22 Wis. 99), is now presented and must be determined. It is, whether the court erred in refusing to change the place of trial of the action from Oconto county, in which the action was commenced, to Milwaukee county, in which all of the defendants resided, and where they were served with the summons and complaint. Before the time for answering expired, the defendants demanded in writing, that the trial be had in the proper…
2Cases cited5 opinions
- Hogg v. EmersonSupreme Court of the United States · 1848
- Scott v. JonesSupreme Court of the United States · 1847
- Robinson v. WeeksNew York Supreme Court · 1851
- Root v. BonnemaWisconsin Supreme Court · 1868
- State ex rel. Johnson v. WashburnWisconsin Supreme Court · 1867
3Cited by12 opinions
- Smail v. GilruthSouth Dakota Supreme Court · 1896
- Jones v. SwankSupreme Court of Minnesota · 1893
- Meiners v. LoebWisconsin Supreme Court · 1885
- Bonnell v. EsterlyWisconsin Supreme Court · 1872
- Godkin v. WeberMichigan Supreme Court · 1908
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