State ex rel. Volkman v. Waltermath
Wisconsin Supreme Court
Eeeoe to review'a judgment of the civil court of Milwaukee county: Michael F. Blewski, Judge. The facts are these: A jury in a bastardy action were instructed by the court that if they agreed they might seal their verdict and separate.
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Eeeoe to review'a judgment of the civil court of Milwaukee county: Michael F. Blewski, Judge. The facts are these: A jury in a bastardy action were instructed by the court that if they agreed they might seal their verdict and separate. They did so and came into court on the following morning, and, after delivery of a sealed verdict ef “not guilty” and reading thereof by the clerk, were polled on demand of the plaintiff, whereupon one of the jurors answered that it was not his verdict, and they were sent back for further deliberation. Being unable to agree they were subsequently discharged and…
1Opinion of the Court
Winslow, O. J.
In this case it is held:
1. A bastardy action is not a criminal prosecution, but a statutory proceeding to enforce a civil obligation or duty, the procedure being, however, criminal in form. Baker v. State, 65 Wis. 50, 26 N. W. 167; Barry v. Niessen, 114 Wis. 256, 90 N. W. 166; Smith v. State, 146 Wis. 111, 130 N. W. 894.
2. While in a criminal prosecution a sealed verdict cannot be amended or changed after the Jury have separated (Koch v. State, 126 Wis. 470, 106 N. W. 531), the better rule and the weight of authority is to the effect that, in an action to enforce civil…
2Cases cited8 opinions
- Commonwealth v. TobinMassachusetts Supreme Judicial Court · 1878
- Koch v. StateWisconsin Supreme Court · 1906
- Root v. SherwoodNew York Supreme Court · 1810
- Baker v. StateWisconsin Supreme Court · 1885
- Smith v. StateWisconsin Supreme Court · 1911
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Cooper Industries, Inc. v. MelendezSupreme Court of Virginia · 2000
- State ex rel. Mahnke v. KablitzWisconsin Supreme Court · 1935
- Lehl v. HullOregon Supreme Court · 1935
- State v. NewmanOregon Supreme Court · 1923
- Windahl v. StateWisconsin Supreme Court · 1926
1 more not listed; retrieve them via the Exa API.