Carter v. Sommermeyer
Wisconsin Supreme Court
APPEAL from, the Circuit Court for Dunn County. Action to recover for work and labor performed; commenced in the circuit court for Dunn county. Defendants moved for a change of venue to the county of Eau Claire’ supporting the motion by affidavits that Eau Claire was the place where they both resided at the time of the commencement of the action, and the place where they were both served with the summons.
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APPEAL from, the Circuit Court for Dunn County. Action to recover for work and labor performed; commenced in the circuit court for Dunn county. Defendants moved for a change of venue to the county of Eau Claire’ supporting the motion by affidavits that Eau Claire was the place where they both resided at the time of the commencement of the action, and the place where they were both served with the summons. The motion was opposed by counter-affidavits tending to show that the defendant Henry Sommermeyer had'for several years resided in Dunn county; that he had not removed from said county when…
1Opinion of the CourtDixon, C. J.
The intention of the party often becomes material in testing the question of residence, and is sometimes the decisive fact or circumstance. But a person having already a fixed residence or place of abode cannot change it by intention merely. Mere mental resolution or determination, or the party’s own affirmation that he has changed his residence, will not have the effect to change it, if there be no actual removal, or if the party continue the use and occupation of the same house and home with all the indicia and circumstances of continued residence therein. Such appears to have been the…
2Cited by6 opinions
- Seibold v. WahlWisconsin Supreme Court · 1916
- Heymann v. LuchsingerWisconsin Supreme Court · 1926
- Zimmer v. PauleyWisconsin Supreme Court · 1881
- Hostetler v. EddySupreme Court of Iowa · 1905
- McCarty v. Tax CommissionWisconsin Supreme Court · 1934
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