State ex rel. Brownell v. McArthur
Wisconsin Supreme Court
APPLICATION for a Mandamus. Tbe case is stated in tbe opinion of tbe court. cited 2 Bur. Pr., 173; 1 Wend., 297-9; 12 id., 246; 9 Wis., 345. Tbe order denying tbe change of tbe place of trial was not appealable, and no relief can be bad except by mandamus, wbicb is therefore tbe proper remedy. 18 Wend., 575; 20 id., 20; 5 Hill, 616. cited 3 Wis., 809. Tbe statute provides tbat but one change of tbe place of trial shall be made, and tbe judge of tbe circuit court for Dane…
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APPLICATION for a Mandamus. Tbe case is stated in tbe opinion of tbe court. cited 2 Bur. Pr., 173; 1 Wend., 297-9; 12 id., 246; 9 Wis., 345. Tbe order denying tbe change of tbe place of trial was not appealable, and no relief can be bad except by mandamus, wbicb is therefore tbe proper remedy. 18 Wend., 575; 20 id., 20; 5 Hill, 616. cited 3 Wis., 809. Tbe statute provides tbat but one change of tbe place of trial shall be made, and tbe judge of tbe circuit court for Dane county, having been of counsel in tbe case, could not try it. Tbe plaintiff should not lay bis place of trial in a county…
1Opinion of the Court
By the Court,
Cole, J.
This was a rule granted by tbe chief justice in vacation, requiring tbe respondent to show cause before tbe supreme court on a day therein named, why a peremptory writ of mandamus should not be issued from this court, commanding him, as judge of tbe circuit court of Milwaukee county, to make an order changing tbe place of -trial of an action commenced and pending, in tbat court, wherein one William Brundage was plaintiff, and Hilbert Dutcker and and Lyman Brownell were defendants. It appears from tbe affidavits and papers upon wbicb tbe rule was granted, tbat tbe action…
2Cases cited1 opinion
- Foster v. BaconWisconsin Supreme Court · 1859
3Cited by9 opinions
- State ex rel. Fourth National Bank of Philadelphia v. JohnsonWisconsin Supreme Court · 1899
- Wood v. StrotherCalifornia Supreme Court · 1888
- State ex rel. City of Milwaukee v. LudwigWisconsin Supreme Court · 1900
- State ex rel. Hustisford Light, Power & Manufacturing Co. v. GrimmWisconsin Supreme Court · 1932
- State ex rel. Mitchell v. JohnsonWisconsin Supreme Court · 1899
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