Servatius v. Pickel
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Winnebago County. Tbe plaintiff, Servatius, brought bis action against defendant in tbe Circuit Court for Fond du Lac county. Application being made to said court to change tbe place of trial, an order was made changing it to Dodge county. The judge afterwards, but at the same term, erased the word “ Dodge ” in the order, and inserted in lieu thereof the word “Winnebago,” and the papers were sent to the Circuit Court for Winnebago county.
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APPEAL from tbe Circuit Court for Winnebago County. Tbe plaintiff, Servatius, brought bis action against defendant in tbe Circuit Court for Fond du Lac county. Application being made to said court to change tbe place of trial, an order was made changing it to Dodge county. The judge afterwards, but at the same term, erased the word “ Dodge ” in the order, and inserted in lieu thereof the word “Winnebago,” and the papers were sent to the Circuit Court for Winnebago county. Defendant moved the latter court to transmit all papers and pleadings in the case to the Circuit Court for Dodge county,…
1Opinion of the CourtDixon, C. J.
The change made by the court in the order, striking out the word “ Dodge” and inserting in place thereof the word “Winnebago,” was equivalent to a vacation of the order changing the place of trial to Dodge county, and the making of a new order directing the cause to be sent to Winnebago county for that purpose, and the question thus presented is, whether the court had the power 'at the same term and before transmission, but whilst the cause remained in it, thus to vacate an order respecting the place of trial, and to make a new order in its stead ? We are clearly of opinion that the court had…
2Cases cited4 opinions
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