Wisconsin Reports; Cases Determined in the Supreme Court of Wisconsin Volume 13

Wisconsin Reports; Cases Determined in the Supreme Court of Wisconsin Volume 13

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1862 edition. Excerpt: ...in municipal courts," even if construed as requiring such a court to be located in a city or incorporated village, yet do not create any prohibition against vesting in such court territorial jurisdiction beyond the limits of such city or village. Accordingly where the legislature established a municipal court in the city of Milwaukee, and gave it jurisdiction territorially over the entire county, it was held, that the act was not unconstitutional for that reason. On an application for a change of venue, on account of the prejudice of the judge of the municipal court, the venue was properly changed to the circuit court of that county. MANDAMUS. The case is stated by the court. J. H Howe, Attorney General, for the state. Mat. H Carpenter, for respondent. By the Court, PAINE, J. The relator sued out an alterna-March 12. tive mandamus to compel the judge of the circuit court of Milwaukee county to proceed to the trial of an indictment which had been transferred to that court from the municipal-1'-"'i' %'i1'1'"1 court of Milwaukee, or show cause to the contrary. The ' judge made a return, setting forth the reasons why he reS; KX '1-fused, which embrace really nothing but matters of law, and v-the same questions might therefore properly have been raised McAa1'mm. _, _ _. by a motion to quash the writ. The circuit court declined to try the indictment, for the reason that it had no jurisdic-tion of it, and this conclusion is claimed to be correct upon two grounds; first, that the municipal court has no legal ex-istence, the act authorizing it being in conflict with the con-stitution; and, second, that there is no law authorizing a change of venue from the municipal court to the circuit court of that...
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Product details

  • Paperback | 280 pages
  • 189 x 246 x 15mm | 503g
  • United States
  • English
  • black & white illustrations
  • 1236761510
  • 9781236761514