Legal Opinion

State ex rel. Rogers v. Judge of County Court

Wisconsin Supreme Court

Decided March 6, 1860PublishedCited by 21 opinions

MOTION FOR WRIT OF PROHIBITION. This was an applicalion for a writ of prohibition to prohibit and enjoin the county court and George A. Beck from proceeding in said court, in a case pending therein.

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MOTION FOR WRIT OF PROHIBITION. This was an applicalion for a writ of prohibition to prohibit and enjoin the county court and George A. Beck from proceeding in said court, in a case pending therein. The petition set forth that Joseph French, on the 21st day of Novem-bex^in 1859, held a letter of credit drawn in his favor by the Union Bank, London, in England, dated 28th day of October, in the year 1859, directed to Duncan Sherman & Co., of New York, for ¿6185, 14s, 5d, exclusive of exchange on New York, of the value of $904 67 ; that French, on the 21st of November, 1859, indorsed the letter…

1Opinion of the Court

By the Court,

Cole, J.

If we were to assume that the county court of La Crosse county had no jurisdiction of the case of George A. Beck against Joseph French — the proposition which is insisted upon by the counsel for the relator— still it would not by any means follow that a writ of prohibition ought to be granted upon this application to restrain that court from proceeding in that cause. For if the relator is the bona fide holder for value of the instrument given by Cole, *53Sumner & Co., an instrument which possess many of the characteristics of commercial paper, transferable by indorsement,…

2Cases cited5 opinions

  1. Tims v. StateSupreme Court of Alabama · 1855
  2. Shepardson v. Milwaukee & Beloit RailroadWisconsin Supreme Court · 1858
  3. Davis v. PawletteWisconsin Supreme Court · 1854
  4. Mason v. NoonanWisconsin Supreme Court · 1859
  5. Carson v. AllenWisconsin Supreme Court · 1850

3Cited by21 opinions

  1. People Ex Rel. Farrington v. . MenschingNew York Court of Appeals · 1907
  2. Parshall v. StateCourt of Criminal Appeals of Texas · 1911
  3. Walkinshaw v. O'BrienSupreme Court of Connecticut · 1943
  4. State ex rel. Law v. BlendIndiana Supreme Court · 1890
  5. Swinburn v. SmithWest Virginia Supreme Court · 1879

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