State ex rel. T. L. Smith Co. v. Superior Court of Dane County
Wisconsin Supreme Court
Appeal from an order of the circuit court for Dane county: E." Ray Stevens, Circuit Judge. An action was begun by one Albrecht against the relator in the Superior Court of Dane County to recover the sum of $1,875, claimed to be due on contract. The relator moved for a change of venue to Milwaukee county on the ground that its residence was there.
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Appeal from an order of the circuit court for Dane county: E." Ray Stevens, Circuit Judge. An action was begun by one Albrecht against the relator in the Superior Court of Dane County to recover the sum of $1,875, claimed to be due on contract. The relator moved for a change of venue to Milwaukee county on the ground that its residence was there. The motion was denied by the Superior Court, and the relator procured from the circuit court for Dane county an alternative writ of mandamus requiring the Superior Court and A. C. Hopp-mann, the judge thereof, to show cause why the venue should not…
1Opinion of the CourtVinje, J.
If the circuit court had supervisory control over the Superior Court as to the instant case, then mandamus wa's the proper remedy to test the validity of the order refusing a change of venue. State ex rel. Spence v. Dick, 103 Wis. 407, 79 N. W. 421. Such has been the practice since the passage of ch. 212, Laws 1895, rendering such orders nonappealable. Evans v. Curtiss, 98 Wis. 97, 73 N. W. 432; Waukesha Co. Agr. Soc. v. Wis. Cent. R. Co. 117 Wis. 539, 94 N. W. 289; State ex rel. News Pub. Co. v. Park, 166 Wis. 386, 165 N. W. 289.
That the Superior Court of Dane County as created by ch. 136,…
2Cases cited14 opinions
- Attorney General v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
- State ex rel. Bolens v. FrearWisconsin Supreme Court · 1912
- State ex rel. Fourth National Bank of Philadelphia v. JohnsonWisconsin Supreme Court · 1899
- State ex rel. Milwaukee Medical College v. ChittendenWisconsin Supreme Court · 1906
- Attorney-General v. BlossomWisconsin Supreme Court · 1853
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