Campbell v. Chambers
Wisconsin Supreme Court
APPEAL from tbe County Court of Winnebago County. Action against Chambers and Whitlock as partners. The plaintiff appealed from an order of tbe county court, granting a change of venue to Waupaca county, upon the affidavit of Chambers alone.
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APPEAL from tbe County Court of Winnebago County. Action against Chambers and Whitlock as partners. The plaintiff appealed from an order of tbe county court, granting a change of venue to Waupaca county, upon the affidavit of Chambers alone. The opinion states the case. argued that, since Chambers’ affidavit stated that he resided in Waupaca county, but was silent as to WMilocJc’s residence, the fair inference was that Whitlock resided in Winnebago county, or at least that he did not reside in Waupaca. The case then stands thus: Here are two joint defendants, jointly liable, uniting in their…
1Opinion of the CourtCole, J.
This action was commenced in a justice’s court in Winnebago county, against the defendants as partners. The summons was personally served upon the defendant Chambers, but as to Whitlock the sheriff returned it “ not found,” etc. Both defendants appeared in the justice’s court and put in a joint answer of the general denial. There was a verdict and judgment for the plaintiff, when the defendants appealed the cause to the county court, both defendants signing the undertaking and notice of appeal. In the county court a motion was made for a change of venue to Waupaca county, founded upon an…
2Cases cited2 opinions
- Carter v. SommermeyerWisconsin Supreme Court · 1871
- Blake v. RaemischWisconsin Supreme Court · 1870
3Cited by1 opinion
- Van Kleck v. HanchettWisconsin Supreme Court · 1881