Wolcott v. Wolcott
Wisconsin Supreme Court
APPEAL from tbe County Court of Milwaukee County. The action was brought by the plaintiff as a judgment creditor of the defendant Mrastus B. Wolcott, to enforce the collection of his judgment out of property alleged to have been conveyed by tbe judgment debtor, in fraud of bis creditors, to tbe defendants Douglas D. Wolcott and Marion J. Yates. Tbe defendant Theodore Yates is tbe husband of tbe said Marion.
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APPEAL from tbe County Court of Milwaukee County. The action was brought by the plaintiff as a judgment creditor of the defendant Mrastus B. Wolcott, to enforce the collection of his judgment out of property alleged to have been conveyed by tbe judgment debtor, in fraud of bis creditors, to tbe defendants Douglas D. Wolcott and Marion J. Yates. Tbe defendant Theodore Yates is tbe husband of tbe said Marion. It is understood that tbe defendant Brasius B. Wolcott bad not appeared in tbe action, and was in default for failure to answer, when the order changing tbe place of trial, hereinafter…
1Opinion of the CourtLyon, J.
The statute which we are required to construe is as follows: “ Whenever any party in any civil action pending in any court of record, shall apply to the court, or the judge thereof, for a change of the place of trial of such action, on account of the prejudice of the judge of such court, and shall verify such application by his oath or affidavit, the court or the judge thereof shall change the place of trial of such action.” R. S., ch. 123, sec. 8, as amended by laws of 1862, ch. 206. (Tay. Stats., 1424, § 10.)'
The precise question to be determined is, Was the place of trial properly changed…
2Cases cited2 opinions
- Goodno v. City of OshkoshWisconsin Supreme Court · 1872
- Western Bank of Scotland v. TallmanWisconsin Supreme Court · 1862
3Cited by17 opinions
- Cowie v. StrohmeyerWisconsin Supreme Court · 1912
- Levy v. MartinWisconsin Supreme Court · 1880
- Hewitt v. FollettWisconsin Supreme Court · 1881
- State ex rel. Cuppel v. Milwaukee Chamber of CommerceWisconsin Supreme Court · 1879
- Klein v. German National BankSupreme Court of Arkansas · 1901
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