Legal Opinion

Gilowsky v. Connolly

Wisconsin Supreme Court

Decided October 10, 1882PublishedCited by 6 opinions

APPEAL from the Circuit. Court for MiVcomohee County. Action to recover damages for a false imprisonment. The complaint alleges that the plaintiff was arrested under a warrant issued by the defendant, a justice of the peace in the city of Milwaukee, upon a complaint charging the plaintiff with the commission of an assault and battery; that he was taken before the defendant for trial; that he objected to the jurisdiction of the defendant to try him for such offense, but the…

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APPEAL from the Circuit. Court for MiVcomohee County. Action to recover damages for a false imprisonment. The complaint alleges that the plaintiff was arrested under a warrant issued by the defendant, a justice of the peace in the city of Milwaukee, upon a complaint charging the plaintiff with the commission of an assault and battery; that he was taken before the defendant for trial; that he objected to the jurisdiction of the defendant to try him for such offense, but the objection was overruled, and he was found guilty and fined by the defendant; and that by reason of the issuance of the…

1Opinion of the Court

Cole, O. J.

The learned counsel for tbe defendant well states tbe question in this case to be this: Did tbe defendant, as a justice of tbe peace in tbe city of Milwaukee, have jurisdiction to hear, try and determine a charge for assault and battery which was committed within tbe county of Milwaukee? If not, the demurrer to tbe complaint, it is admitted, was properly overruled.

Sec. 2-199, R. S., continues tbe municipal court of Milwaukee county — as it bad before been established ■ — • as a court of record; vests in it the powers and jurisdiction concurrent and equal with the circuit court of…

2Cases cited5 opinions

  1. Owens v. StateWisconsin Supreme Court · 1871
  2. State ex rel. Wood v. GoldstuckerWisconsin Supreme Court · 1876
  3. City of Boscobel v. BugbeeWisconsin Supreme Court · 1876
  4. State v. BartlettWisconsin Supreme Court · 1874
  5. State v. AllisonWisconsin Supreme Court · 1879

3Cited by6 opinions

  1. State ex rel. Smyth v. MagneyNebraska Supreme Court · 1897
  2. Shaffel v. StateWisconsin Supreme Court · 1897
  3. Heller v. ClarkeWisconsin Supreme Court · 1904
  4. Olson v. HawkinsWisconsin Supreme Court · 1908
  5. State ex rel. Dunn v. BilderWisconsin Supreme Court · 1895

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