Fraser v. Fargo
Wisconsin Supreme Court
Arpear from an order of the circuit court for Jefferson county: George Grimm, Circuit Judge. This appeal is from an order made July 15, 1907, denying the application of the contestants of an instrument purporting to he the last will and testament of David G. Eraser, deceased, for a change of the place of trial of said action.
Read the full summary
Arpear from an order of the circuit court for Jefferson county: George Grimm, Circuit Judge. This appeal is from an order made July 15, 1907, denying the application of the contestants of an instrument purporting to he the last will and testament of David G. Eraser, deceased, for a change of the place of trial of said action. The will had heen admitted to prohate in the county court of Jefferson county, notwithstanding the objections of the contestants, who thereupon appealed to the circuit court by filing the usual notice and an undertaking the sufficiency of which is questioned. The appeal…
1ConcurrenceMaRshaxl, J.
I concur in the decision dismissing the appeal upon the ground that the order appealed from is merely one denying a motion for a change of venue. Such an order has been repeatedly held to be not appealable, as indicated in the opinion of the court by decisions cited, to which may well be added Latimer v. Central E. Co. 101 Wis. 310, 77 N. W. 155, and Latimer v. Julius Andrae & Sons Co. 101 Wis. 311, 77 N. W. 1119. I think, however, the court should not, after holding that there is no appeal before it, proceed to discuss questions and express opinions on matters which are not involved therein.…
2Cases cited4 opinions
- Latimer v. Central Electric Co.Wisconsin Supreme Court · 1898
- Maxon v. GatesWisconsin Supreme Court · 1903
- Mandelert v. Superior Consolidated Land Co.Wisconsin Supreme Court · 1899
- Latimer v. Julius Andrae & Sons Co.Wisconsin Supreme Court · 1898