Runals v. Brown

Decided June 4, 1860

Wisconsin Supreme Court · decided 1860-06-04

This was an action commenced by Eli G. Runnels against Chas. C. Brown, to recover the amount due upon several promissory notes. The summons was served on the 24th of May, and the complaint filed the 10th of June, 1859. The answer was served and filed the 28th of June. On the 4th of November, Brown served a notice of a petition for a change of venue, which was brought on on the 16th, and denied.

Cited by 3 later decisions — most recently October 1922

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1860-06-04

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¶1By the Court,

Cole, J.

¶2This case must follow the decision in the case of Rines vs. Boyd et al., 7 Wis., 155. We there held that it was the imperative duty of the circuit court to remove the cause when the prescribed petition was presented. It is true the application in that case was made under chapter 51, General Laws, 1853, but that statute has been substantially embraced in chapter 123, R. S., under which the application in the present case was made. The petition for the change of the place of trial was in conformity to the statute, and the application should have been granted.

¶3The judgment of the circuit court must be reversed, and the cause remanded for further proceedings, in accordance with this decision.