Legal Opinion

Hackett v. Carter

Wisconsin Supreme Court

Decided August 15, 1875PublishedCited by 12 opinions

APPEAL from the Circuit Court for 1km Claire County. This action was commenced in 1878, by Orpha B. Hackett, with her husband as coplaintiff; and the relief sought was, 1. That a certain deed executed by Mrs. Hackett to the defendant, conveying land in Jackson county in this-state, might be cancelled, or that defendant might be compelled to recon-vey said land to Mrs. Hackett. 2. That defendant might be compelled to reconvey to one Getmann and wife, or to convey to Mrs.…

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APPEAL from the Circuit Court for 1km Claire County. This action was commenced in 1878, by Orpha B. Hackett, with her husband as coplaintiff; and the relief sought was, 1. That a certain deed executed by Mrs. Hackett to the defendant, conveying land in Jackson county in this-state, might be cancelled, or that defendant might be compelled to recon-vey said land to Mrs. Hackett. 2. That defendant might be compelled to reconvey to one Getmann and wife, or to convey to Mrs. Hackett, certain lands in Eau Claire county in this state, which said plaintiff had sold to defendant and caused to be…

1Opinion of the CourtCole, J.

The complaint states, in different counts, two distinct causes of action: one relating to the lands in Jackson county, and the other relating to the lands in Eau Claire county. One ground of objectibn taken in the demurrer is, that these actions are triable in different counties, and therefore are improperly united. It appears to us that the objection is well taken.

That these causes of action are local and properly triable in the county where the different tracts are situated, does not admit of doubt, in view of the plain language of sec. 1, ch. 123, B. S. That section provides that actions…

2Cases cited1 opinion

  1. Pereles v. AlbertWisconsin Supreme Court · 1860

3Cited by12 opinions

  1. Hart v. GodkinWisconsin Supreme Court · 1904
  2. Schoenleber v. BurkhardtWisconsin Supreme Court · 1896
  3. Watson v. City of AppletonWisconsin Supreme Court · 1885
  4. White v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1906
  5. Ellis v. Northern Pacific RailroadWisconsin Supreme Court · 1891

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