State ex rel. News Publishing Co. v. Park
Wisconsin Supreme Court
MaNdamus action commenced in this court to compel the circuit judge of the Seventh circuit to change the venue of an action from Wbod county to the county of the defendant’s residence, viz. Milwaukee county, on the ground that a part of the cause of action arose in the latter county. The respondent moves to quash the alternative writ.
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MaNdamus action commenced in this court to compel the circuit judge of the Seventh circuit to change the venue of an action from Wbod county to the county of the defendant’s residence, viz. Milwaukee county, on the ground that a part of the cause of action arose in the latter county. The respondent moves to quash the alternative writ. The facts appearing by the petition are these: The Nekoosa-Edwards Paper Company, a domestic corporation operating a paper mill and having its principal office in Port Edwards in Wood county, sued the News Publishing Company, a domestic corporation publishing a…
1Opinion of the Court
Winslow, O. J.
The paper was sold on written orders mailed at Milwaukee to the plaintiff at Port Edwards. Upon acceptance at Port Edwards the orders became contracts and hence that city is the place of the contract. L. J. Mueller F. Co. v. Meiklejohn, 121 Wis. 605, 99 N. W. 332. There was no right to a change of venue under the statute unless “some *389part of the cause of action,” i. e. some act or omission without which there would be no cause of action, arose in Milwaukee county. Sub. 5, sec. 2619, Stats.; State ex rel. Northwestern Mut. L. Ins. Co. v. Circuit Courts 165 Wis. 387, 162 N. W. 436.
2Cases cited7 opinions
- Vogt v. SchienebeckWisconsin Supreme Court · 1904
- Francis H. Leggett & Co. v. West Salem Canning Co.Wisconsin Supreme Court · 1914
- State ex rel. Northwestern Mutual Life Insurance v. Circuit Court for Waushara CountyWisconsin Supreme Court · 1917
- Mowatt v. WilkinsonWisconsin Supreme Court · 1901
- Gehl v. Peycke Bros. Commission Co.Wisconsin Supreme Court · 1914
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State ex rel. T. L. Smith Co. v. Superior Court of Dane CountyWisconsin Supreme Court · 1920
- Hess v. Holt Lumber Co.Wisconsin Supreme Court · 1921
- State ex rel. Webster Manufacturing Co. v. RisjordWisconsin Supreme Court · 1930
- State ex rel. Donahue-Stratton Co. v. GrimmWisconsin Supreme Court · 1925
- Chicago, Indianapolis & Louisville Railway Co. v. PetersonWisconsin Supreme Court · 1918
6 more not listed; retrieve them via the Exa API.