Noonan v. State
Wisconsin Supreme Court
ERROR to the Circuit Court for JRoeh County. An information was filed in the municipal court of Dane county, charging the plaintiff in error with the crime of rape upon the person of one Minnie Yietense, alleged to have been committed on the 18th of September, 1880. The plaintiff in error demanded a trial. in the circuit court for Dane county, pursuant to the statute (R. S., sec. 2516), and the cause was thereupon transmitted to that court for trial.
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ERROR to the Circuit Court for JRoeh County. An information was filed in the municipal court of Dane county, charging the plaintiff in error with the crime of rape upon the person of one Minnie Yietense, alleged to have been committed on the 18th of September, 1880. The plaintiff in error demanded a trial. in the circuit court for Dane county, pursuant to the statute (R. S., sec. 2516), and the cause was thereupon transmitted to that court for trial. He then obtained a change of the place of trial to the circuit court for Rock county. The return of the municipal court being defective, the…
1Opinion of the CourtLyoN, J.
1. We are of the opinion that it was competent for the circuit court of Rock county to make the order for a further return on the municipal court of Dane county. Certainly the circuit court of Dane county had the power to require a further return while the case remained in it; and by obtaining a change of the place of trial the plaintiff in error placed the circuit court of Rock county in the place of the Dane county circuit court. We think the Roek county cir*260cuit court became possessed of the cause for all purposes as completely and effectually as the court from which it was removed, aud was…
2Cases cited1 opinion
- Luning v. StateWisconsin Supreme Court · 1849
3Cited by15 opinions
- People v. SchultzIllinois Supreme Court · 1913
- State v. CoxSupreme Court of Minnesota · 1927
- Green v. Ashland Water Co.Wisconsin Supreme Court · 1898
- State v. HullWest Virginia Supreme Court · 1899
- People v. AndersonIllinois Supreme Court · 1950
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