Brust v. First National Bank
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: Gustave G. Gei-irz, Circuit. Judge. Action begun in the civil court- of Milwaukee county against the defendant bank, whose principal place of business is Portage county, Wisconsin. The defendant moved in the civil court for a change of venue to Portage county, but the motion was denied, whereupon it answered and permitted a judgment for $1,834 with interest and costs against •it by default.
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Appeal from an order of the circuit court for Milwaukee county: Gustave G. Gei-irz, Circuit. Judge. Action begun in the civil court- of Milwaukee county against the defendant bank, whose principal place of business is Portage county, Wisconsin. The defendant moved in the civil court for a change of venue to Portage county, but the motion was denied, whereupon it answered and permitted a judgment for $1,834 with interest and costs against •it by default. It appealed to the circuit court and there again moved for a change of venue to Portage county, and from an order changing the venue to such…
1Opinion of the CourtVinje, J.
It is well settled that an appeal does not lie from an order denying or granting a change of venue. Evans v. Curtiss, 98 Wis. 97, 73 N. W. 432; Latimer v. Julius Andrae & Sons Co. 101 Wis. 311, 77 N. W. 1119; Waukesha Co. Agr. Soc. v. Wis. Cent. R. Co. 117 Wis. 539, 94 N. W. 289. But it is argued by plaintiffs that since this order included a direction that there should be a trial de novo in the circuit court for Portage county, it was in effect an order granting a new trial and therefore appealable under the decisions of Pabst B. Co. v. Milwaukee L. Co. 156 Wis. 615, 146 N. W. 879; Hanna v.…
2Cases cited6 opinions
- Pabst Brewing Co. v. Milwaukee Lithographing Co.Wisconsin Supreme Court · 1914
- Evans v. CurtissWisconsin Supreme Court · 1897
- Hanna v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1914
- Latimer v. Julius Andrae & Sons Co.Wisconsin Supreme Court · 1898
- Waukesha County Agricultural Society v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Wisconsin Co-operative Milk Pool v. Saylesville Cheese Manufacturing Co.Wisconsin Supreme Court · 1935
- Trossen v. BurckhardtWisconsin Supreme Court · 1960
- Shay v. Rinehart & Dennis Co.West Virginia Supreme Court · 1935