Lappley v. State
Wisconsin Supreme Court
Error to review a judgment of the municipal court of Milwaukee county: George ClemeNtson, Judge. Plaintiff in error (defendant) was tried and convicted of perjury and brings error to reverse this judgment. On December 30, 1892, defendant and his wife2 Wilhelmina Lappley, borrowed from George Hook, the complainant and plaintiff in the mortgage foreclosure proceeding out of which this action arose, the sum of $800, giving their note for that amount.
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Error to review a judgment of the municipal court of Milwaukee county: George ClemeNtson, Judge. Plaintiff in error (defendant) was tried and convicted of perjury and brings error to reverse this judgment. On December 30, 1892, defendant and his wife2 Wilhelmina Lappley, borrowed from George Hook, the complainant and plaintiff in the mortgage foreclosure proceeding out of which this action arose, the sum of $800, giving their note for that amount. At the same time a real-estate mortgage securing the payment of the note was given to George Hook and signed by Charles Lappley and Wilhelmina…
1Opinion of the CourtSiebecker, J.
It is contended that the perjury charged in the information does not constitute a crime within the provisions of sec. 4471, Stats., upon the ground that perjury cannot be committed in verifying a pleading. The statute provides:
“Any person, being lawfully required to depose the truth, *359on hiS’ oath, . '. . legally administered, who shall wilfully and corruptly swear ... to any matter or thing respecting which such oath ... is by law authorized or required, . . . shall be deemed guilty of the crime of perjury; . . .”
No claim is made that the oath was not administered by an officer as charged.…
2Cases cited4 opinions
- Cupps v. StateWisconsin Supreme Court · 1904
- Jones v. . LudlumNew York Court of Appeals · 1878
- Taylor v. RobinsonWisconsin Supreme Court · 1870
- Commonwealth v. KimballMassachusetts Supreme Judicial Court · 1871
3Cited by5 opinions
- Loraitis v. KukulkaIllinois Supreme Court · 1953
- People v. GodinesCalifornia Court of Appeal · 1936
- People v. MillsapCalifornia Court of Appeal · 1927
- Koehler v. StateWisconsin Supreme Court · 1935
- Weaver v. StateOhio Court of Appeals · 1928