Mills v. National Fire Insurance
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Eau Claire county: W. E. Bailev, Circuit Judge. This action was commenced in Eau Claire county. The - circuit judge made an order, of his own motion, changing the place of trial to Chippewa county. The defendant moved the court of Chippewa county to change the place of trial back to Eau Claire county, on the ground that the place of trial had been improperly changed from that county. The motion was denied.
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Appeal from a judgment of the circuit court for Eau Claire county: W. E. Bailev, Circuit Judge. This action was commenced in Eau Claire county. The - circuit judge made an order, of his own motion, changing the place of trial to Chippewa county. The defendant moved the court of Chippewa county to change the place of trial back to Eau Claire county, on the ground that the place of trial had been improperly changed from that county. The motion was denied. The defendant appealed. This court reversed the order, and remanded the case with directions “ to change the venue back to Eau Claire…
1Opinion of the CourtNewMAN, J.
Assuming that the notice of trial was premature and irregular, it is an irregularity merely, and does not go to the jurisdiction of the court. Pier v. Storm, 37 Wis. 247. Such irregularity is waived if, after the objection is overruled, the party goes to trial on the merits. If he wishes to stand upon his objection, he must keep out of court for every other purpose. By taking part in the trial, the defendant waived the error of overruling his objection. Barker v. Knickerbocker L. Ins. Co. 24 Wis. 630; Gorton v. Bailey, 46 Wis. 633; Newman v. Board, 74 Wis. 303. The affidavit for continuance…
2Cases cited4 opinions
- Barker v. Knickerbocker Life InsuranceWisconsin Supreme Court · 1869
- Newman v. BoardWisconsin Supreme Court · 1889
- Gorton v. BaileyWisconsin Supreme Court · 1879
- Pier v. StormWisconsin Supreme Court · 1875
3Cited by4 opinions
- Chase v. Superior CourtCalifornia Supreme Court · 1908
- Davey v. City of JanesvilleWisconsin Supreme Court · 1901
- Drake v. ScheunemannWisconsin Supreme Court · 1899
- Christianson v. Pioneer Furniture Co.Wisconsin Supreme Court · 1898