In re of Boyle
Wisconsin Supreme Court
CERTIORARI TO MUNICIPAL JUDGE, MILWAUKEE COUNTY. This case ’was brought before this court by a certiorari to the county judge, to reverse an order made by him upon a proceeding in habeas corpus, releasing the relator from imprisonment. Bridget Boyle had been tried and convicted in the municipal court of the city of Milwaukee, for assault and battery, and fined one dollar with costs; and had been committed to jail for non-payment of the fine.
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CERTIORARI TO MUNICIPAL JUDGE, MILWAUKEE COUNTY. This case ’was brought before this court by a certiorari to the county judge, to reverse an order made by him upon a proceeding in habeas corpus, releasing the relator from imprisonment. Bridget Boyle had been tried and convicted in the municipal court of the city of Milwaukee, for assault and battery, and fined one dollar with costs; and had been committed to jail for non-payment of the fine. The petition then set forth that the judge and clerk of the court had not been duly elected; because, at the time of their election the act creating the…
1Opinion of the Court
By the Court,
Paine, J.
The petitioner was convicted of an assault and battery before the municipal court of the city of Milwaukee, and committed to jail. She sued out a writ of habeas corpus before the county judge, who discharged her on the ground that the act establishing the municipal court, whs a general law, and had never been in force for want of publication. The matter is brought before this court by cer-tiorari.
We think the act in question was a general law, within the provision of the constitution, that “ no general law shall be in force until published.” And in support of that…
2Cases cited3 opinions
- Fowler v. BebeeMassachusetts Supreme Judicial Court · 1812
- State ex rel. Knowlton v. WilliamsWisconsin Supreme Court · 1856
- Case v. StateIndiana Supreme Court · 1854
3Cited by34 opinions
- State ex rel. Attorney General v. CunningamWisconsin Supreme Court · 1892
- Walcott v. WellsNevada Supreme Court · 1890
- State v. BloomWisconsin Supreme Court · 1863
- Van Slyke v. Trempealeau County Farmers' Mutual Fire InsuranceWisconsin Supreme Court · 1876
- In re EldredWisconsin Supreme Court · 1879
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