McDonald v. Board of Supervisors of Milwaukee County
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Mihoauhee County. McDonald, as sheriff of. Milwaukee county, having arrested one O’Connor, an inmate of the National Soldiers’ Home, located in that county, by virtue of a criminal warrant from the municipal court of the city and county, the commandant of the Home obtained from one of the justices of this court at Madison a writ of habeas corpxis to determine the right of the prisoner to be discharged from the sheriff’s custody.
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APPEAL from tbe Circuit Court for Mihoauhee County. McDonald, as sheriff of. Milwaukee county, having arrested one O’Connor, an inmate of the National Soldiers’ Home, located in that county, by virtue of a criminal warrant from the municipal court of the city and county, the commandant of the Home obtained from one of the justices of this court at Madison a writ of habeas corpxis to determine the right of the prisoner to be discharged from the sheriff’s custody. At the time set for the hearing of the writ, the prisoner was taken to Madison by a deputy sheriff, and counsel employed by the…
1Opinion of the CourtCole, J.
The important question in this case is: Had the sheriff lawful authority to employ counsel in the matter of the habeas corpojhs, and render the county liable for the payment of such counsel fees and expenses ? It appears that the sheriff held in custody the party alleged to be unlawfully restrained, b.y virtue of a criminal warrant issued by the municipal court *645of Milwaukee county, and tbe expenses were incurred and professional sendees rendered on the hearing of the writ of habeas corpus. It is claimed by the sheriff that the moneys thus expended by him constitute valid charges against the…
2Cases cited3 opinions
- Crocker v. Supervisors of Brown CountyWisconsin Supreme Court · 1874
- Butler v. City of MilwaukeeWisconsin Supreme Court · 1862
- Montgomery v. Board of SupervisorsWisconsin Supreme Court · 1867
3Cited by5 opinions
- State ex rel. Durner v. HueginWisconsin Supreme Court · 1901
- Frederick v. Douglas CountyWisconsin Supreme Court · 1897
- Parsons v. Waukesha CountyWisconsin Supreme Court · 1892
- McCumber v. Waukesha CountyWisconsin Supreme Court · 1895
- Cutts v. Rock CountyWisconsin Supreme Court · 1883