State Ex Rel. Klabacka v. Charles

All the parties to this action are in agreement that the proper place for trial of the underlying malpractice action is in Dane county, where the defendants in fact resided at the time of the service of the summons and complaint. The controlling statute is sec. 261.01 (12), Stats., which provides:

“Other Actions. Of any other action, the county in which any defendant resides at the commencement of the action . . . .”

Sec. 261.03, Stats., under which the defendants proceeded, provides:

“Change of venue to proper county. When the county designated in the complaint is not the proper place of trial,…