State ex rel. McCaslin v. Smith
Wisconsin Supreme Court
ERROR to the Circuit Court for E The facts are sufficiently stated in the opinion. 1. The writ of error Avas properly allowed, should be entertained, and the order affirming th§ discharge can be reversed and the defendant in error remanded to the custody of the sheriff. Ablemcun v. Booth and ü. S. v. Booth, 21 How. 506; Expcurte Lafonta, 2 Rob. (La.), 495; Holmes v. Jenneson, 14 Pet. 540; Tates v. People, 6 Johns. 338-352. The writ of error is the only remedy.
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ERROR to the Circuit Court for E The facts are sufficiently stated in the opinion. 1. The writ of error Avas properly allowed, should be entertained, and the order affirming th§ discharge can be reversed and the defendant in error remanded to the custody of the sheriff. Ablemcun v. Booth and ü. S. v. Booth, 21 How. 506; Expcurte Lafonta, 2 Rob. (La.), 495; Holmes v. Jenneson, 14 Pet. 540; Tates v. People, 6 Johns. 338-352. The writ of error is the only remedy. An appeal Avould not lie. In re Fenélon, 37 "Wis. 231. Cer-tiorari would be ineffectual because only jurisdictional defects could be…
1Opinion of the CourtCom, C. J.
The defendant in error made a complaint in Avriting, under oath, to the municipal judge of the city of Eau Claire, charging one George P. Davis Avith having committed the crime of larceny, by stealing the property of *96Anna Smith, of the value of $60. On the examination the municipal judge discharged Davis, on the ground that the evidence did not show that any offense had been committed by him. The municipal judge found, and certified in his docket, that the complaint made by the defendant in error was wilful and malicious and without probable cause, and entered a judgment against him for the…
2Cases cited8 opinions
- Ableman v. BoothSupreme Court of the United States · 1859
- Gary v. Northwestern Mutual Aid Ass'nSupreme Court of Iowa · 1893
- Hammond v. People ex rel. VacaroIllinois Supreme Court · 1863
- In re CrowWisconsin Supreme Court · 1884
- Pratt v. DonovanWisconsin Supreme Court · 1860
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State ex rel. Durner v. HueginWisconsin Supreme Court · 1901
- Carruth v. TaylorNorth Dakota Supreme Court · 1898
- State v. GrottkauWisconsin Supreme Court · 1889
- State Ex Rel. Haas v. McReynoldsWisconsin Supreme Court · 2002
- State ex rel. Gaster v. WhitcherWisconsin Supreme Court · 1903
11 more not listed; retrieve them via the Exa API.