Legal Opinion

State ex rel. Wixon v. Cleveland

Wisconsin Supreme Court

Decided October 24, 1916PublishedCited by 2 opinions

Appeal from an order of the circuit court for Milwaukee county: W. J. TubNer, Circuit Judge. ' The appeal is from an order sustaining petitioner’s demurrer to defendant’s return to an alternative writ of prohibition. The defendant is a justice of the peace in West Allis, a city of the fourth class and one of several cities within Milwaukee county, in which county is also a city of the first class.

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Appeal from an order of the circuit court for Milwaukee county: W. J. TubNer, Circuit Judge. ' The appeal is from an order sustaining petitioner’s demurrer to defendant’s return to an alternative writ of prohibition. The defendant is a justice of the peace in West Allis, a city of the fourth class and one of several cities within Milwaukee county, in which county is also a city of the first class. Tbe defendant, as snob justice of tbe peace, upon tbe petition of a resident of West Allis issued a summons in garnishment against tbe petitioner herein as defendant and bis employer, tbe…

1Opinion of the CourtEschweiler, J.

Tbe effect of this proceeding is to again challenge tbe power of tbe legislature to pass cb. 423, Laws 1911, which provides that in all counties containing a city of tbe first class, thereby designating Milwaukee county, no-justice of tbe peace in said county shall have jurisdiction or cognizance over tbe actions of garnishment, replevin, attachment, and bastardy proceedings, and that justices of tbe peace of tbe city of Milwaukee shall not exercise jurisdiction in actions of unlawful entry and detainer.

*191Tbe legislature by cb. 849, Laws 1909, created tbe civil ■court of Milwaukee county,…

2Cases cited2 opinions

  1. State ex rel. Burke v. HinkelWisconsin Supreme Court · 1911
  2. State ex rel. McLogan v. BurkeWisconsin Supreme Court · 1915

3Cited by2 opinions

  1. Fort Smith Light & Traction Co. v. Board of Improvement of Paving Dist. No. 16 of City of Fort SmithSupreme Court of the United States · 1927
  2. Fort Smith Light & Traction Co. v. Board of Improvement of Paving District No. 16Supreme Court of the United States · 1927

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