State Ex Rel. Tuttle v. Hanson

Both secs. 252.15 (4) and 292.03, Stats., vest in court commissioners the power to issue writs of habeas corpus. Sec. 23, art. VII of the Wisconsin constitution provides that the power of a court commissioner “shall not exceed that of a judge of a circuit court at chambers,” and a similar restriction is to be found in sec. 269.29 (formerly sec. 2815), Stats. In Longstaff v. State (1904), 120 Wis. 346, 97 N. W. 900, this court determined that such restrictions did not bar a court commissioner from hearing and determining in a habeas corpus proceeding whether a prisoner was imprisoned contrary…