Goyke v. State
Wisconsin Supreme Court
Ebboe to review a judgment of the circuit court'for Winnebago county: Geo. W. BurNell, Circuit Judge. Tbe action was against the plaintiff in error on the charge of his being the father of a bastard child. It was commenced in the municipal court of the city of Oshkosh and county of Winnebago.
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Ebboe to review a judgment of the circuit court'for Winnebago county: Geo. W. BurNell, Circuit Judge. Tbe action was against the plaintiff in error on the charge of his being the father of a bastard child. It was commenced in the municipal court of the city of Oshkosh and county of Winnebago. A motion was made therein before a jury was called for the trial for a change of the place thereof to the circuit court for Winnebago county; such motion being based upon affidavit of the accused that he believed he could not obtain a fair and impartial, trial in said municipal court. The motion was…
1Dissent 1
The following opinion was filed November 10, 1908:
2Dissent · BabNESBabNES, J.
Mankind is sometimes prone to emphasize the correctness of conclusions reached after much doubt and hesitation by the use of positive and often extravagant language.
It seems to be conceded in the opinion of the court that under the authority of Carpenter v. Shepardson, 43 Wis. 406, and Montgomery v. Scott, 32 Wis. 249, the circuit court obtained jurisdiction of the person of the defendant by reason of his filing an affidavit in the municipal court stating that he could not have a fair trial therein and demanding that his cause be sent to the…
3Cases cited13 opinions
- Brook v. ChappellWisconsin Supreme Court · 1874
- Meyer v. GarthwaiteWisconsin Supreme Court · 1896
- Burnham v. NortonWisconsin Supreme Court · 1898
- Carpenter v. ShepardsonWisconsin Supreme Court · 1877
- Catlin v. WheelerWisconsin Supreme Court · 1880
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