State v. Van Brocklin

The act creating the municipal court of the city of Oshkosh, in the county of Winnebago (ch. 24, Laws of 1895), confers upon the clerk of that court the following powers, among others: “He may examine on oath all persons applying for warrants, may reduce their examination to writing and file the same, and may issue all warrants and other processes from said court.” The search warrant in question was issued by the clerk of that court pursuant to the power so conferred. The defendant contends that the issuance of the search warrant constitutes a judicial act, power to perform which cannot be…