Lawrence v. Cleary
Wisconsin Supreme Court
APPEAL from the Circuit Court for Wauhesha County. The complaint alleges, in effect, that the plaintiff is an unmarried female, of the age of eighteen years; that one Armin had been appointed her guardian, and qualified as such; that September 29, 1893, the defendant Oleary, acting for and under the direction of the defendant Kelly, maliciously and without any probable cause made a complaint on oath before Justice Evans, charging the plaintiff, in effect, with having…
Read the full summary
APPEAL from the Circuit Court for Wauhesha County. The complaint alleges, in effect, that the plaintiff is an unmarried female, of the age of eighteen years; that one Armin had been appointed her guardian, and qualified as such; that September 29, 1893, the defendant Oleary, acting for and under the direction of the defendant Kelly, maliciously and without any probable cause made a complaint on oath before Justice Evans, charging the plaintiff, in effect, with having committed the offense defined in sec. 44385, S. & R. Ann. Stats, (ch. 251, Laws 1889), and maliciously and without probable…
1Opinion of the CourtCassoday, J.
Neither the sufficiency 'of the complaint nor the warrant issued thereon is questioned. Upon being brought before the justice, and the warrant being read to the plaintiff, she manifestly pleaded guilty to the same,^ and was thereupon sentenced as mentioned. It is not alleged — certainly not sufficiently alleged —■ that such judgment was procured by any fraud, misrepresentation, deceit, or circumvention practiced upon the plaintiff. Mo appeal has ever been taken from that judgment. The prosecution was thus finally determined against the plaintiff. These things being so, the question recurs…
2Cases cited10 opinions
- Stewart v. SonnebornSupreme Court of the United States · 1879
- Woodworth v. MillsWisconsin Supreme Court · 1884
- Olson v. NealSupreme Court of Iowa · 1884
- Herman v. BrookerhoffSupreme Court of Pennsylvania · 1839
- Dennehey v. WoodsumMassachusetts Supreme Judicial Court · 1868
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Luby v. BennettWisconsin Supreme Court · 1901
- Strehlow v. PettitWisconsin Supreme Court · 1897
- Martin v. SanfordNebraska Supreme Court · 1935
- Gilmore v. MastinAppellate Court of Illinois · 1904