State ex rel. Northwestern Mutual Life Insurance v. Circuit Court for Waushara County
Wisconsin Supreme Court
This is a mandamus action commenced in tbis court to compel tbe Circuit Court for Waushara County to change the venue of an action to Milwaukee county. The case is now before us on a motion to quash the alternative writ.
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This is a mandamus action commenced in tbis court to compel tbe Circuit Court for Waushara County to change the venue of an action to Milwaukee county. The case is now before us on a motion to quash the alternative writ. The petition and writ show that the facts appearing on the hearing of the motion were substantially as follows: The plaintiff as administratrix of the estate of Melvin Plank, deceased, brought action in the Circuit Court for Waushara County against the defendant on two insurance policies on the life of said Melvin in favor of his estate. Melvin was a resident of Waushara…
1DissentKerwin, J.
I most respectfully dissent from the decision of the majority of the court in this case.
The majority opinion in the main seems to. turn on the *391difference between tbe words “arise” and “accrue,” used in referring to causes of action under our statutes.
It seems to me plain under tbe authorities tbat tbe words are used interchangeably, and tbat under our statutes a cause of action does not “arise” until it “accrues.” In other words, before a cause of action “arises” or “accrues” it must be a complete cause of action, one in which-there is a person competent to sue, whereas in the case at bar…
2Cases cited14 opinions
- Walters v. City of OttawaIllinois Supreme Court · 1909
- American R. Co. of Porto Rico v. CoronasCourt of Appeals for the First Circuit · 1916
- Barfield v. PriceCalifornia Supreme Court · 1871
- Andrews v. Hartford & New Haven RailroadSupreme Court of Connecticut · 1867
- Hobart v. Connecticut Turnpike Co.Supreme Court of Connecticut · 1842
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