Oliver v. Town
Wisconsin Supreme Court
APPEAL from tke Circuit Court for Fond du Lao County. Motion to strike out a bill of exceptions. Tke grounds of tke motion are stated in tke opinion. Motion denied, and appeal taken. insisted, among otker tkings, tkat tke circuit court kad no jurisdiction to grant the motion. The cause was tried before Judge Tayloe.
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APPEAL from tke Circuit Court for Fond du Lao County. Motion to strike out a bill of exceptions. Tke grounds of tke motion are stated in tke opinion. Motion denied, and appeal taken. insisted, among otker tkings, tkat tke circuit court kad no jurisdiction to grant the motion. The cause was tried before Judge Tayloe. The bill was therefore settled before Mm, though after the expiration of his term of office as judge; and if there was any error or irregularity in the bill, he was the proper person to correct it, and not his successor in office. contended that, when a bill of exceptions is…
1Opinion of the CourtCole, J.
We can imagine no substantial objection to a circuit judge, either during Ms term or after his term of office has expired, settling a bill of exceptions outside of the judicial circuit for which he is elected and where the cause is tried. A circuit judge is a state officer, and has power, and is often called upon, to try causes out of his own circuit. Since the organization of the state government, the circuit judges have been accustomed to exchange in holding terms with their brethren on the bench, and their right and power so to do have been unquestioned, so far as we know. What valid…
2Cited by9 opinions
- Nilson v. MorseWisconsin Supreme Court · 1881
- Atchison & Nebraska Railroad v. WagnerSupreme Court of Kansas · 1877
- Grayson v. PerrymanSupreme Court of Oklahoma · 1909
- Le Blond v. Town of PeshtigoWisconsin Supreme Court · 1909
- Smart v. HartWisconsin Supreme Court · 1890
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