Legal Opinion

Hewitt v. Follett

Wisconsin Supreme Court

Decided February 8, 1881PublishedCited by 21 opinions

APPEAL from, the Circuit Court for Clark County. The case is thus stated by Mr. Justice Tayloe: “ The plaintiffs in this action were the assignees of two judgments against the defendant George I. Eollett. Executions were issued upon these judgments, and James O’Neill was summoned as garnishee, upon the affidavit of the plaintiffs alleging that he was indebted to George I. Eollett, the defendant in the executions. The garnishee appeared and was examined.

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APPEAL from, the Circuit Court for Clark County. The case is thus stated by Mr. Justice Tayloe: “ The plaintiffs in this action were the assignees of two judgments against the defendant George I. Eollett. Executions were issued upon these judgments, and James O’Neill was summoned as garnishee, upon the affidavit of the plaintiffs alleging that he was indebted to George I. Eollett, the defendant in the executions. The garnishee appeared and was examined. The plaintiffs were not satisfied with his answers, and gave notice that they took issue upon them, and demanded that the case should stand…

1Opinion of the CourtTayloe, J.

As we are of the opinion that the circuit court erred in overruling the motion of the appellant for a change of the place of trial in the action, and that such error was not waived by her subsequent action on the trial, we shall not discuss any of the other questions discussed by the learned counsel upon the argument of this cause. Our reason for holding that the place of trial should have been changed on the application of the appellant, is based upon our views of the relations which she held to the other parties to this action. The learned judge refused to grant the motion for the reason…

2Cases cited12 opinions

  1. Wheeler v. StateWisconsin Supreme Court · 1869
  2. Norval v. RiceWisconsin Supreme Court · 1853
  3. Wolcott v. WolcottWisconsin Supreme Court · 1873
  4. Rupp v. SwinefordWisconsin Supreme Court · 1876
  5. Knips v. StefanWisconsin Supreme Court · 1880

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3Cited by21 opinions

  1. State v. BohnerWisconsin Supreme Court · 1933
  2. State ex rel. Wyman, Partridge & Co. v. Superior CourtWashington Supreme Court · 1905
  3. Will v. Department of Health & Social ServicesWisconsin Supreme Court · 1969
  4. Goyke v. StateWisconsin Supreme Court · 1908
  5. Fatt v. FattWisconsin Supreme Court · 1891

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