In re Woolcott
Wisconsin Supreme Court
Weit of habeas corpus issued to test the validity of the commitment of TSrslcine Woolcott to the northern hospital for the insane. Ch. 518 of the Laws of 1915 purported to create a superior court of Eond du Lae county which should exercise all the functions of the county court thereof and to abolish the latter court.
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Weit of habeas corpus issued to test the validity of the commitment of TSrslcine Woolcott to the northern hospital for the insane. Ch. 518 of the Laws of 1915 purported to create a superior court of Eond du Lae county which should exercise all the functions of the county court thereof and to abolish the latter court. On September 2, 1915, F. W. CiiadboubNE, appointed by the governor as judge of the superior court, demanded possession of the county court room and the records, files, and papers therein from the then duly elected and acting county judge, A. E. Exciitee, who under protest and…
1Opinion of the CourtViNJE, J.
The relator challenges the validity of his commitment to the asylum on the ground that Judge Chab-boueNe was neither a de jure nor a de facto judge of the county court, and could not be either while purporting to act as judge of the superior court; that he was a mere intruder, and his acts were therefore void and subject to collateral attack. To sustain this position the following cases from our own court are cited: Van Slyke v. Trempealeau Co. F. M. F. Ins. Co. 39 Wis. 390; Fenelon v. Butts, 49 Wis. 342, 5 N. W. 784; Kempster v. Milwaukee, 97 Wis. 343, 72 N. W. 743. Before calling specific…
2Cases cited9 opinions
- Norton v. Shelby CountySupreme Court of the United States · 1886
- Ekern v. McGovernWisconsin Supreme Court · 1913
- In re of BoyleWisconsin Supreme Court · 1859
- State v. BloomWisconsin Supreme Court · 1863
- Van Slyke v. Trempealeau County Farmers' Mutual Fire InsuranceWisconsin Supreme Court · 1876
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3Cited by3 opinions
- Clausen v. Fond du Lac CountyWisconsin Supreme Court · 1919
- State ex rel. Haven v. SayleWisconsin Supreme Court · 1918
- State ex rel. Sisson v. KalkWisconsin Supreme Court · 1929