State ex rel. Ashley v. Circuit Court for Milwaukee County

The question presented by the record in this case is whether or not the circuit court for Milwaukee county had the power or jurisdiction to proceed against the relator in the manner already described. We do not attempt upon this application to review the merits of the matters sought to be determined by the circuit court. The decision of the matter raised requires us to consider some fundamental propositions of law.

By statute, sec. 260.02, remedies are divided into (1) actions and (2) special proceedings. An action is an ordinary proceeding in a court of justice by which a party prosecutes…