Ullman v. State
Wisconsin Supreme Court
Eeboe to review an order of the circuit court for Dodge «county: James J. Dice, Circuit Judge. This is a motion to quash and dismiss a writ of error.
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Eeboe to review an order of the circuit court for Dodge «county: James J. Dice, Circuit Judge. This is a motion to quash and dismiss a writ of error. It appears from the return that on the 8th of October, 1903, the plaintiff in error was convicted in the circuit court for Dodge county of the crime of assault with intent to murder, and that thereafter, and before judgment was entered, he filed a written petition and motion for a new trial, under sec. 4719, Stats. 1898, which motion was denied December 26, 1903; that on December 29, 1903, the plaintiff in error filed a written application in…
1Opinion of the CourtWiNsnow, J.
The writ of error in this action recited the rendition of judgment below, and was in the form customarily used for the purpose of reviewing final judgments. As matter of fact, no judgment had been rendered below at the time of its issuance, nor was it expected to review the judgment thereby, but simply the order denying the motion for a new trial. Upon this ground, among others, the state moves to quash the writ, and the plaintiff in error meets the objection by moving to amend the writ so as to show that its purpose is simply to review the said order.
Under the broad powers of amendment now…
2Cases cited3 opinions
- American Button-Hole, Overseaming & Sewing Machine Co. v. GurneeWisconsin Supreme Court · 1875
- Jackson v. StateWisconsin Supreme Court · 1896
- Drake v. ScheunemannWisconsin Supreme Court · 1899
3Cited by2 opinions
- Lovesee v. StateWisconsin Supreme Court · 1908
- Lang v. State ex rel. BunzelWisconsin Supreme Court · 1938