State v. Brownell
Wisconsin Supreme Court
EEEOE to a Court Commissioner of Wanileesha County., It appears from the record that August 13, 1890, the defendant was arrested for an assault and battery, and finally brought before Alonzo Tyler, a justice of the peace; that the cause was tried August 21, 1890; that at the close of the trial, with consent of the defendant, the court took a recess to August 30, 1890, at 9 a. m., at which time it was ordered and adjudged by the court, in effect, that the defendant pay a fine…
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EEEOE to a Court Commissioner of Wanileesha County., It appears from the record that August 13, 1890, the defendant was arrested for an assault and battery, and finally brought before Alonzo Tyler, a justice of the peace; that the cause was tried August 21, 1890; that at the close of the trial, with consent of the defendant, the court took a recess to August 30, 1890, at 9 a. m., at which time it was ordered and adjudged by the court, in effect, that the defendant pay a fine and the costs taxed, or, in default, be committed to the county jail for the term of twenty days; that after the entry…
1Opinion of the CourtOassoday, J.
This court has frequently held that an appeal will not lie from an order made bv a judge at chambers. Whereatt v. Ellis, 68 Wis. 70. For the same reason this court cannot review an order made by a judge at chambers or a court commissioner on a writ of error. It is claimed, however, that such writ is expressly authorized by ch. 239, Laws of 1889 (sec. 3437, S. & B, Ann. Stats.). If the act is capable of bearing such a construction, then it comes under the condemnation of this court in Hubbell v. McCourt, 44 Wis. 584, where it was held that the legislature could not authorize appeals from…
2Cases cited4 opinions
- Crocker v. StateWisconsin Supreme Court · 1884
- State ex rel. Larkin v. RyanWisconsin Supreme Court · 1888
- Hubbell v. McCourtWisconsin Supreme Court · 1878
- Whereatt v. EllisWisconsin Supreme Court · 1887
3Cited by11 opinions
- In re Constitutionality of Statute Empowering Supreme Court to Promulgate Rules Regulating Pleading, Practice, & Procedure in Judicial ProceedingsWisconsin Supreme Court · 1931
- Klein v. ValeriusWisconsin Supreme Court · 1894
- Day v. BuckinghamWisconsin Supreme Court · 1894
- Seiler v. StateWisconsin Supreme Court · 1901
- Jackson v. StateWisconsin Supreme Court · 1896
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