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…
1Opinion of the CourtWinslow, C. J.
It is plain tliat the petitioner was entitled to have the action removed to Milwaukee county unless some part of the “cause of action” arose in Waushara county.
This court has held that the words “cause of action” as used “include the act or omission without which there would he no cause of action or right of recovery.” Bruil v. Northwestern Mut. R. Asso. 12 Wis. 430, 39 N. W. 529; Hosley v. Wis. O. F. Mut. L. Ins. Co. 86 Wis. 463, 57 N. W. 48. Whether this proposition be entirely logical may perhaps be doubted, but we do not find it necessary to question it now. Applying it to the present…
2Cases cited5 opinions
- American R. Co. of Porto Rico v. CoronasCourt of Appeals for the First Circuit · 1916
- Mowry v. WoodWisconsin Supreme Court · 1860
- Bruil v. Northwestern Mutual Relief Ass'nWisconsin Supreme Court · 1888
- Stehn v. HayssenWisconsin Supreme Court · 1905
- Hosley v. Wisconsin Odd Fellows Mutual Life InsuranceWisconsin Supreme Court · 1893
3Cited by7 opinions
- State ex rel. Wisconsin Dry Milk Co. v. Circuit CourtWisconsin Supreme Court · 1922
- Terbush v. BoyleWisconsin Supreme Court · 1935
- State ex rel. News Publishing Co. v. ParkWisconsin Supreme Court · 1917
- Hegel v. GeorgeWisconsin Supreme Court · 1935
- State ex rel. Time Insurance Co. v. Superior CourtWisconsin Supreme Court · 1922
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