Attorney General v. McDonald
Wisconsin Supreme Court
This was an information in the nature of a quo wmranto, filed by the Attorney General in the Circuit Court of Racine county, against David McDonald, at the October term, A. D. 1854. The information sets forth, that the said respondent, on the 9th day of October, A. D. 1854, “did usurp, intrude into, and unlawfully hold a court, and exercise the powers of a justice of the peace, and from thence hitherto has, and still does unlawfully hold and exercise, without any warrant,…
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This was an information in the nature of a quo wmranto, filed by the Attorney General in the Circuit Court of Racine county, against David McDonald, at the October term, A. D. 1854. The information sets forth, that the said respondent, on the 9th day of October, A. D. 1854, “did usurp, intrude into, and unlawfully hold a court, and exercise the powers of a justice of the peace, and from thence hitherto has, and still does unlawfully hold and exercise, without any warrant, grant, power, charter or authority, the following office, viz: that of mayor of the city of Racine, with full power to…
1Opinion of the Court
By the Gowrt,
Whitow, C. J.
The Constitution of *807this State (Art. 7, § 2,) vests the judicial power of the State in a Supreme Court, Circuit Courts, and Courts of Probate and justices of the peace. Power is also given to the legislature to establish municipal courts, and inferior courts in the several counties, with limited civil and criminal jurisdiction. The question is, does the respondent exercise judicial power properly derived from either of the above provisions? We think not. As mayor of the city of Racine, he could not exercise any judicial functions, for the obvious reason that the…
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