State v. Brady
Wisconsin Supreme Court
APPEAL from the Circuit Court for Richland County. The defendant Terrence Brady was prosecuted and tried before a justice of the peace for a misdemeanor, and convicted thereof. He appealed to the circuit court, and James Brady and Milan Van Morn became his sureties on such appeal.
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APPEAL from the Circuit Court for Richland County. The defendant Terrence Brady was prosecuted and tried before a justice of the peace for a misdemeanor, and convicted thereof. He appealed to the circuit court, and James Brady and Milan Van Morn became his sureties on such appeal. He was tried in the circuit court and again convicted, and thereupon judgment "was entered, imposing upon him a fine of $50 and costs, amounting in all to $234.75. Judgment for $100 of that amount (that being the sum specified in the recognizance) was entered'at the same time against such sureties, pursuant to sec.…
1Opinion of the CourtLyoN, J.
Had an action been brought against the appellants on their recognizance, and judgment recovered against them therein, there can be no doubt that they could bring the case here for review, by appeal. Although the action would arise out of a criminal prosecution and conviction, it would be an action on the contract or obligation contained in the recognizance. Of course, the judgment in such an action.is appealable.
Ye think the essential nature and incidents of a judg*130ment summarily rendered against the sureties under sec. 4711, R. S., without bringing a new action, is the same. True, in form…
2Cited by2 opinions
- Sires v. StateWisconsin Supreme Court · 1888
- State v. WickstromWisconsin Supreme Court · 1986