Brown v. Kellogg
Wisconsin Supreme Court
CERTIORARI to a Justice of tbe Peace. Tbe case is stated by tbe court. 1. Tbe office of a common law certiorari is to confine inferior tribunals witbin tbeir jurisdiction, to prevent tbeir exercising powers not delegated to them, and not to correct any error they may commit in exercising tbe powers that are delegated. Tall-madge v. Potter, 12 Wis., 817. 2. Sec. 11, chap. 120, R. S., in regard to the entries to be made by a justice of tbe peace in bis docket, is directory.
Read the full summary
CERTIORARI to a Justice of tbe Peace. Tbe case is stated by tbe court. 1. Tbe office of a common law certiorari is to confine inferior tribunals witbin tbeir jurisdiction, to prevent tbeir exercising powers not delegated to them, and not to correct any error they may commit in exercising tbe powers that are delegated. Tall-madge v. Potter, 12 Wis., 817. 2. Sec. 11, chap. 120, R. S., in regard to the entries to be made by a justice of tbe peace in bis docket, is directory. At least, a failure to comply with all of its requirements would not be sufficient ground for reversing a judgment. It is…
1Opinion of the Court
*476By the Court,
Dixow, C. J.
Common law certiorari to a justice of tbe peace for Sauk county. Kellogg sued Brown, and on. tbe return day of tbe summons, wbicb was tbe 26tb of November, 1862; the parties appeared-, and; after issue joined, Brown applied for an adjournment for three months, to procure tbe testimony of a material witness. Tbe justice granted tbe application, and adjourned tbe cause to tbe 19th day of February, 1863, without entering in Ms doclcet the hour or place of adjournment. Tbe entry, was in these words: “ Cause adjourned to tbe 19th day of February, 1863.” It appears from tbe…
2Cases cited1 opinion
- Roberts v. WarrenWisconsin Supreme Court · 1854
3Cited by13 opinions
- Doctor v. HartmanIndiana Supreme Court · 1881
- Brown v. GobleIndiana Supreme Court · 1884
- Two Rivers Manufacturing Co. v. BeyerWisconsin Supreme Court · 1889
- Crandall v. BaconWisconsin Supreme Court · 1866
- Cassidy v. MillerickWisconsin Supreme Court · 1881
8 more not listed; retrieve them via the Exa API.