State ex rel. Roe v. Noggle
Wisconsin Supreme Court
APPLICATION for a Mandamus. An alternative mandamus was issued requiring Hon. David Hoggle, judge of the first circuit, to allow and insert in a bill of exceptions, a certain instruction, which, as was alleged, be bad given to a jury in an action pending before bim, and bad refused to insert in tbe bill of exceptions, or to sbow cause, &c.
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APPLICATION for a Mandamus. An alternative mandamus was issued requiring Hon. David Hoggle, judge of the first circuit, to allow and insert in a bill of exceptions, a certain instruction, which, as was alleged, be bad given to a jury in an action pending before bim, and bad refused to insert in tbe bill of exceptions, or to sbow cause, &c. Tbe affidavit upon wbicb tbe writ issued, alleged that after tbe judge bad given bis cbargé to tbe jury, M. H. Carpenter, Esq., one of the counsel of tbe plaintifij reduced to writing tbe instruction referred to, and banded it to tbe judge, and requested…
1Opinion of the Court
By the Court,
Paine, J.
This is a mandamus to compel tbe judge of tbe 1st circuit to insert in a bill of exceptions certain instructions, wbicb it is claimed that be gave tbe jury on tbe trial of a civil action. Tbe relation avers that tbe instructions were reduced to writing at tbe trial by tbe counsel, *381and then signed by the judge, but that he afterwards, on settling the bill of exceptions, refused to insert them.
The judge made return to the alternative writ, forth in substance, that the bill of exceptions as settled by him, was settled truly according to the facts as he remembered them; and…
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