State v. Brown
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: OReeu T. Williams, Circuit Judge. In June, 1909, the defendant, Joseph Finnis Brown, was arrested and charged with a crime. Such proceedings were had that he was admitted to bail upon a recognizance signed by himself as principal and his mother, Mary Brown, as surety.
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Appeal from an order of the circuit court for Milwaukee county: OReeu T. Williams, Circuit Judge. In June, 1909, the defendant, Joseph Finnis Brown, was arrested and charged with a crime. Such proceedings were had that he was admitted to bail upon a recognizance signed by himself as principal and his mother, Mary Brown, as surety. The surety, not having justified, deposited $1,000 with the clerk of the court, who accepted the same in lieu of bail, or, as it was claimed, in lieu of the justifying of the surety, and thereupon the defendant was admitted to bail. The defendant while upon trial…
1Opinion of the CourtKeRwis, J.
It is insisted that the court had no power to make the order appealed from, because (1) it was not made at the same term nor within one year after the order forfeiting the bail was made; (2) because the application was not made by the proper party; and (3) that no jurisdiction was obtained of Milwaukee county, hence no order could have been made against it.
The fact that a year had elapsed would not bar relief from the forfeiture upon a proper showing. Had an application been made while the money remained under the control of the court, it may well be that the court would have power to relieve…
2Cases cited1 opinion
- State v. WisnewskiWisconsin Supreme Court · 1908
3Cited by3 opinions
- State ex rel. Glidden v. FowlerWisconsin Supreme Court · 1927
- Gentilli v. BrennanWisconsin Supreme Court · 1930
- Opinion No. Oag 25-79, (1979), Wisconsin Attorney General Reports1979