Legal Opinion

State ex rel. Heiden v. Ryan

Wisconsin Supreme Court

Decided March 22, 1898PublishedCited by 36 opinions

OeRtioeabi to review an order of Hugh Ryah, Court Commissioner in Milwaukee county. One Peter Roszcynialla, while on .bail to appear at a term of the municipal court for Milwaukee county to answer to a charge of burglary, was duly sentenced by a justice of the peace to the house of correction for the term of six months for the offense of larceny, and was committed accordingly.

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OeRtioeabi to review an order of Hugh Ryah, Court Commissioner in Milwaukee county. One Peter Roszcynialla, while on .bail to appear at a term of the municipal court for Milwaukee county to answer to a charge of burglary, was duly sentenced by a justice of the peace to the house of correction for the term of six months for the offense of larceny, and was committed accordingly. The petitioner, Fred Heiden, was the keeper of such house of correction under the official name of Inspector of the House of Correction of Milwaukee County. While Bosz-cynialla was serving the sentence for larceny, he…

1Opinion of the CourtMarshall, J.

Several important questions are presented for decision by the briefs of counsel, that it would promote the due administration of justice to determine, most of which must remain for further consideration, however, because of fhe conclusion reached as to the jurisdiction of the commissioner. "Whether a person can be tried on one offense while he is serving a sentence for another, and whether, if he makes no objection to such trial by proper plea in abatement or otherwise, he can thereafter raise the question, and whether the court commissioner can act as a court of review and vacate final…

2Cases cited7 opinions

  1. Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
  2. People ex rel. Attorney General v. Utica InsuranceNew York Supreme Court · 1818
  3. Harrington v. SmithWisconsin Supreme Court · 1871
  4. Clark v. City of JanesvilleWisconsin Supreme Court · 1860
  5. Ogden v. GliddenWisconsin Supreme Court · 1859

2 more not listed; retrieve them via the Exa API.

3Cited by36 opinions

  1. State ex rel. Bolens v. FrearWisconsin Supreme Court · 1912
  2. Click v. ClickWest Virginia Supreme Court · 1925
  3. Matter of MeyerNew York Court of Appeals · 1913
  4. State ex rel. McGrael v. PhelpsWisconsin Supreme Court · 1910
  5. Chicago & Northwestern Railway Co. v. StateWisconsin Supreme Court · 1906

31 more not listed; retrieve them via the Exa API.

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