State ex rel. McGovern v. Williams
Wisconsin Supreme Court
Mandamus to OeRen T. Williams, Judge of the Circuit Court for Milwaukee County. By the petition and alternative writ of mandamus it is made to appear that on April 1, 1904, an indictment was returned by a grand jury against one Biersach charging him with crime. To that indictment, when called up in the circuit court for Milwaukee county, three pleas in abatement were interposed. The second and third pleas have been overruled and are not material of statement.
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Mandamus to OeRen T. Williams, Judge of the Circuit Court for Milwaukee County. By the petition and alternative writ of mandamus it is made to appear that on April 1, 1904, an indictment was returned by a grand jury against one Biersach charging him with crime. To that indictment, when called up in the circuit court for Milwaukee county, three pleas in abatement were interposed. The second and third pleas have been overruled and are not material of statement. The first plea set forth, that the grand jury was illegally constituted in that one John 'George Davies served thereon, who was not…
1Opinion of the CourtDodge, J.
The present application is confessedly addressed to the power vested in this court by the constitution of superintending control over inferior courts. The meaning of that grant of power was very fully expounded in State ex rel. Fourth Nat. Bank w. Johnson, 103 Wis. 591, 79 N. W. 1081, and the following conclusion reached and stated at page 614 (79 N. W. 1087) :
“It is very apparent that when the makers of the constitution used the words ‘superintending control over all inferior courts’ they definitely referred to that well-known superintending jurisdiction of the court of king’s bench. In…
2Cases cited32 opinions
- United States v. SangesSupreme Court of the United States · 1892
- State ex rel. Fourth National Bank of Philadelphia v. JohnsonWisconsin Supreme Court · 1899
- State ex rel. Milwaukee Medical College v. ChittendenWisconsin Supreme Court · 1906
- In Re Connaway as Receiver of the Moscow National BankSupreme Court of the United States · 1900
- State ex rel. City of Milwaukee v. LudwigWisconsin Supreme Court · 1900
27 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- State ex rel. Umbreit v. HelmsWisconsin Supreme Court · 1908
- Hutchins v. City of Des MoinesSupreme Court of Iowa · 1916
- Mengel v. Justices of the Superior CourtMassachusetts Supreme Judicial Court · 1943
- State ex rel. Zabel v. Municipal Court of Milwaukee CountyWisconsin Supreme Court · 1923
- McLean Distributing Co. v. Brewery & Beverage Drivers, Warehousemen & Helpers Union, Local No. 993Supreme Court of Minnesota · 1959
17 more not listed; retrieve them via the Exa API.