Legal Opinion

Giese v. Schultz

Wisconsin Supreme Court

Decided May 15, 1884PublishedCited by 6 opinions

APPEAL- from the Circuit Court for Winnebago County. The case is thus stated by Mr. Justice Cassoday: “ This action was commenced in 1819 in the municipal court of Ripon, and, upon a trial, verdict and judgment were rendered in favor of the plaintiff. The judgment was reversed on appeal to this court. Thereupon the venue was changed to the circuit court for Green Lake county, on the ground of the prejudice of the municipal judge.

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APPEAL- from the Circuit Court for Winnebago County. The case is thus stated by Mr. Justice Cassoday: “ This action was commenced in 1819 in the municipal court of Ripon, and, upon a trial, verdict and judgment were rendered in favor of the plaintiff. The judgment was reversed on appeal to this court. Thereupon the venue was changed to the circuit court for Green Lake county, on the ground of the prejudice of the municipal judge. Upon a trial in Green Lake county the plaintiff obtained another verdict, which was set aside and a'new trial ordered by the circuit court for Green Lake county, in…

1Opinion of the CourtCassoday, J.

Independent of ob. 314, Laws of 1883, we are inclined to think that the circuit court for Green Lake county had the jurisdiction, and hence the authority, to make the order of April 30, 1883, changing the venue from that court to the circuit court for Winnebago county. The cause had once been tried in the circuit court for Green Lake county, and the verdict in favor of the plaintiff set aside, and a new trial ordered by the judge of that court. The judge of that court, therefore, necessarily knew of his own knowledge whether there was good ground' for removing the cause from that county by…

2Cases cited1 opinion

  1. Cartright v. Town of BelmontWisconsin Supreme Court · 1883

3Cited by6 opinions

  1. People v. SwiftMichigan Supreme Court · 1912
  2. State v. CauseySupreme Court of Louisiana · 1891
  3. State v. WinchesterNorth Dakota Supreme Court · 1909
  4. State v. PotterNorth Dakota Supreme Court · 1930
  5. State v. WinchesterNorth Dakota Supreme Court · 1909

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