State ex rel. Winchell v. Circuit Court for Waukesha County
Wisconsin Supreme Court
Certiorari to review an order of the circuit court for Wau-kesha county: James J. Dick, Circuit Judge-. Motion to quash a writ of certiorari addressed to the circuit court, and based upon the following facts: Tbe relator having brought an action in the county court for Waukesha county against the city of Waukesha to abate a nuisance consisting in the emptying of impure and noxious sewerage into a stream above and near her land, and to recover damages thereby occasioned, and…
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Certiorari to review an order of the circuit court for Wau-kesha county: James J. Dick, Circuit Judge-. Motion to quash a writ of certiorari addressed to the circuit court, and based upon the following facts: Tbe relator having brought an action in the county court for Waukesha county against the city of Waukesha to abate a nuisance consisting in the emptying of impure and noxious sewerage into a stream above and near her land, and to recover damages thereby occasioned, and that action being at issue, both as to the existence of tho nuisance and the amount of damages, it was called for trial…
1Opinion of the CourtDodge, J.
That tbe order of tbe county court changing the -venue of the action of Winchell v. Waukesha, 110 Wis. 101, 85 N. W. 668, was made after the trial had commenced, and while it was not yet fully completed, seems too obvious for debate, in the light of the decisions. Swineford v. Pomeroy, 16 Wis. 553; Cairns v. O’Bleness, 40 Wis. 469; Grobman v. Hahn, 59 Wis. 93, 11 N. W. 545; Duffy v. Hickey, 68 Wis. 380, 32 N. W. 54; Peterson v. Daniel Shaw L. Co. 93 Wis. 500, 67 N. W. 1118. Hence, of course, that order, when made, was beyond the jurisdiction of the county court and void, and, had it been…
2Cases cited10 opinions
- Winchell v. City of WaukeshaWisconsin Supreme Court · 1901
- State ex rel. City of Milwaukee v. LudwigWisconsin Supreme Court · 1900
- Cairns v. O'BlenessWisconsin Supreme Court · 1876
- Swineford v. PomeroyWisconsin Supreme Court · 1863
- Ault v. Wheeler & Wilson Manufacturing Co.Wisconsin Supreme Court · 1882
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Pure Milk Products Cooperative v. National Farmers OrganizationWisconsin Supreme Court · 1974
- State ex rel. Umbreit v. HelmsWisconsin Supreme Court · 1908
- State ex rel. City of Sheboygan v. County Board of SupervisorsWisconsin Supreme Court · 1928
- State ex rel. McGovern v. WilliamsWisconsin Supreme Court · 1908
- Wisconsin Co-operative Milk Pool v. Saylesville Cheese Manufacturing Co.Wisconsin Supreme Court · 1935
4 more not listed; retrieve them via the Exa API.