White v. Chicago, M. & St. P. Ry. Co.
Supreme Court Of The Territory Of Dakota
Appeal from district court of Moody county; Hon. C. S. Palmer, Judge. Section 23, c. 20, Laws 1887, and section 11, c. 119, of the statutes of Wisconsin, (2 Tayl. St. 1630,) are identical. When the legislature of Dakota adopted this statute it also adopted the interpretation given to it by the supreme court of that state. The supreme court of Wisconsin has decided that an appeal can be taken from an order denying or granting a change of the place of trial under this statute.
Read the full summary
Appeal from district court of Moody county; Hon. C. S. Palmer, Judge. Section 23, c. 20, Laws 1887, and section 11, c. 119, of the statutes of Wisconsin, (2 Tayl. St. 1630,) are identical. When the legislature of Dakota adopted this statute it also adopted the interpretation given to it by the supreme court of that state. The supreme court of Wisconsin has decided that an appeal can be taken from an order denying or granting a change of the place of trial under this statute. Western Bank v. Talivian, 15 Wis. 92; Haas v. Weinhagen, 30 Wis. 326; Schattsehneider v. Johnson, 39 Wis. 387. In New…
1Opinion of the CourtOakland, J.
This is an appeal from an order .made by the district court of Moody county, at the January term thereof, *511A. D. 1888, refusing to change the place of trial of said action. 'This action was instituted in the district court of Moody county prior to May, 1886, for the purpose of recovering damages of ‘the appellant resulting from a fire claimed to have been set out by appellant’s engine on October 10, 1885.
The first question to be disposed of is the objection of the respondent that the order appealed from is not appealable. Section 23, c. 20, Laws 1887, enumerates the court orders which may be…
2Cases cited9 opinions
- Oatman v. BondWisconsin Supreme Court · 1862
- Newell v. SmithWisconsin Supreme Court · 1862
- St. John v. WestNew York Supreme Court · 1850
- Jackman Will CaseWisconsin Supreme Court · 1871
- Lego v. ShawWisconsin Supreme Court · 1875
4 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Koy v. SchneiderTexas Supreme Court · 1920
- Melby v. AndersonSouth Dakota Supreme Court · 1936
- State ex rel. McCue v. BlaisdellNorth Dakota Supreme Court · 1909
- Robertson Lumber Co. v. JonesNorth Dakota Supreme Court · 1904
- State v. PalmerSouth Dakota Supreme Court · 1894
14 more not listed; retrieve them via the Exa API.