Fatt v. Fatt
Wisconsin Supreme Court
APPEAL from the County Court of Fond du Lao County. The following statement of the case was prepared by Mr. Justice Cassoday: This is an action of divorce, commenced by the service of a summons and complaint, May 3,1890, in the county court for Fond du Lac county.
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APPEAL from the County Court of Fond du Lao County. The following statement of the case was prepared by Mr. Justice Cassoday: This is an action of divorce, commenced by the service of a summons and complaint, May 3,1890, in the county court for Fond du Lac county. The defendant served a verified answer, May 15, 1890. June 17, 1890, the defendant presented and filed with the clerk of said court an affidavit to the effect that he could not have a fair trial in such action, on account of the prejudice of the judge of said county court before whom said action was then pending, and prayed that the…
1Opinion of the CourtOassoday, J.
The affidavit for the change of venue was sufficient in form and substance to give the defendant an absolute right to the same under the statute. Sec. 24675 (ch. 261, Laws of 1889), and sec. 2625, S. & B. Ann. Stats. If that application was regularly made, it had the effect to oust the county court of all further jurisdiction. Rines v. Boyd, 7 Wis. 155; Hewitt v. Follett, 51 Wis. 264 N. W. Iron Co. v. Crane, 66 Wis. 569. The order entered upon that application purports to have been made by the county court at the May term thereof, and on the hearing of the plaintiff’s attorney in opposition…
2Cases cited7 opinions
- Corwith v. State Bank of IllinoisWisconsin Supreme Court · 1864
- Hewitt v. FollettWisconsin Supreme Court · 1881
- Northwestern Iron Co. v. CraneWisconsin Supreme Court · 1886
- Rines v. BoydWisconsin Supreme Court · 1859
- Rosenkrans v. KlineWisconsin Supreme Court · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
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- Bement v. MayIndiana Supreme Court · 1893
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- First National Bank v. McCarthySouth Dakota Supreme Court · 1900
7 more not listed; retrieve them via the Exa API.