Legal Opinion

Mathie v. McIntosh

Wisconsin Supreme Court

Decided January 15, 1876PublishedCited by 16 opinions

APPEAL from the Circuit Court for Marathon County. Action of trespass guare clausum, commenced in tbe police court of tbe city of 'Wausau. Tbe premises in question are situated outside of tbe limits of that city. Tbe trial before tbe justice resulted in a judgment against tbe defendant. On appeal to tbe circuit court, judgment was again rendered against him, from which be appealed to this court.

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APPEAL from the Circuit Court for Marathon County. Action of trespass guare clausum, commenced in tbe police court of tbe city of 'Wausau. Tbe premises in question are situated outside of tbe limits of that city. Tbe trial before tbe justice resulted in a judgment against tbe defendant. On appeal to tbe circuit court, judgment was again rendered against him, from which be appealed to this court. No objection to the jurisdiction of tbe court was made by tbe defendant either before tbe police justice or in tbe circuit court. Tbe cause was submitted on briefs. 1. Tbe police court created by tbe…

1Opinion of the CourtCole, J.

The charter of the city of Wausau (eh. 232, Laws of 1873) provides for the election of a police justice whose term of office is two years. See. 4. The power and jurisdiction of a justice of the peace are conferred upon such police justice, and he has exclusive jurisdiction in all cases arising under the city charter and city ordinances, without regard to the nature of the action or amount in controversy, with the same power in cases of contempt as a court of record. See. 22. The police court thus created must be deemed a municipal court within the meaning of the constitution; and the…

2Cases cited1 opinion

  1. Atkins v. FrakerWisconsin Supreme Court · 1873

3Cited by16 opinions

  1. Harrigan v. GilchristWisconsin Supreme Court · 1904
  2. Cowie v. StrohmeyerWisconsin Supreme Court · 1912
  3. Newcomb v. IngramWisconsin Supreme Court · 1932
  4. Fischbeck v. MielenzWisconsin Supreme Court · 1916
  5. King v. MenzNorth Dakota Supreme Court · 1956

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