State ex rel. Shawano Cnty. v. Werner
| Decision Date | 14 July 1923 |
| Citation | 181 Wis. 275,194 N.W. 815 |
| Parties | STATE EX REL. SHAWANO COUNTY v. WERNER, CIRCUIT JUDGE. |
| Court | Wisconsin Supreme Court |
OPINION TEXT STARTS HERE
Certiorari by the State of Wisconsin, on the relation of Shawano County, against Edgar V. Werner, Circuit Judge, to review an order granting a change of venue to defendant. Reversed and remanded.Eberlein & Larson, of Shawano, for plaintiff.
Edgar V. Werner, of Shawano, pro se.
Timothy Brown, of Madison, for Froemming Bros.
A writ of certiorari was issued out of this court, directed to Hon. Edgar V. Werner, circuit judge, to return to this court proceedings had in the case of Shawano County v. Froemming Bros., a Wisconsin corporation, and Fred C. Schultz, defendants. The petition and writ were in the usual form. Return was made, and there was a motion to quash the writ. A stipulation was made that the motion to quash be heard on its merits. The writ was applied for to review an order of the circuit court changing the venue from Shawano county to Washington county.
The complaint contains allegations as to the corporate existence of Shawano county and that of the defendant, Froemming Bros., a domestic corporation having its office and principal place of business at Milwaukee, Wis.; that plaintiff was engaged in the construction of roads and bridges on state trunk highways of the state; that defendant Fred C. Schultz was engaged in excavating for road construction purposes, and contracting in the county of Washington, Wis.; that on May 13, 1922, plaintiff had an agreement whereby John F. Glawe was employed by plaintiff to perform work in connection with the construction of such highways in Shawano county, and in assisting the county commissioner of highways in operating trucks in the state of Wisconsin where it was necessary; that this contract was made at the county of Shawano; that on May 13th defendants were engaged in work in the village of Barton, Washington county; that they made an excavation 9 feet in depth in such manner that it was dangerous to travelers, and that no warning was given of the danger; that they failed to keep the highway guarded so as to prevent injury, and left a dangerous trap for persons using the highway; that on said day said John F. Glawe, while in the employ of plaintiff and in the performance of his duties, while proceeding in a careful manner, was thrown into the said excavation and the truck fell upon him and killed him; that his widow filed a claim against Shawano county under the Compensation Laws, and at the hearing before the Industrial Commission judgment was rendered against the plaintiff in a large sum, part of which has been paid by plaintiff; that by virtue of the statutes this claim of the widow had been assigned to plaintiff, and plaintiff was the owner thereof; that this claim was made at the county of Shawano, and the award and payments have been there made; that a part of the cause of action arose in the county of Washington; that the suit was brought under proper resolution of the county board. The above is only an outline of the allegations of the complaint.
Within 20 days after service defendant Froemming Bros. appeared and made the following demand for a change of venue:
“Take notice that the undersigned is retained and hereby appears for the defendant Froemming Bros., a Wisconsin corporation, in the above-entitled action, and that defendant demands that the trial of this action be had within the county of Washington, state of Wisconsin, for the reason that the cause of action alleged and set forth in plaintiff's complaint arose in the said county of Washington, Wisconsin.”
The defendant Schultz also appeared and made the following demand:
“Please take notice that the undersigned is retained and hereby appears for the defendant Fred C. Schultz in the above-entitled action, and that the defendant demands that the trial of this action he held within the county of Washington and state of Wisconsin, for the reason that the said defendant Fred C. Schultz, at the time of the commencement of this action, resided and still resides in the city of West Bend, in said county of Washington, and state of Wisconsin, and that the causes of action alleged in plaintiff's complaint arose in said county of...
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State ex rel. Klabacka v. Charles
...of venue be set forth in the demand and that there be full compliance with the statute in that regard. State ex rel. Shawano County v. Werner, 181 Wis. 275, 279, 194 N.W. 815, 816 (1923), states: 'Even though defendants had the right to a change of venue, that right was purely statutory, an......
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State ex rel. Trost v. Schinz
...days after the service of the complaint. Anderson v. Arpin Hardwood Lumber Co., 131 Wis. 34, 110 N. W. 788;State ex rel. Shawano County v. Werner, 181 Wis. 275, 194 N. W. 815. It is also clear that no change of the place of trial of an action commenced in the civil court of Milwaukee county......
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State ex rel. Bobroff v. Braun
...a change of venue to the county of his residence. [1] The right to a change of venue is entirely statutory. State ex rel. Shawano County v. Werner, 181 Wis. 275, 194 N. W. 815. Hence there must be found in the statutes the basis for defendant's right to a change of the place of trial. Secti......