State ex rel. Dearborn v. Merrick
Wisconsin Supreme Court
Eeeoe to review a judgment of the circuit court for Columbia county: B. G-. Siebeokee, Circuit Judge. Plaintiff was duly brought before a justice’s court on a warrant issued on a sworn complaint charging him with violating the statutes in regard to the sale of intoxicating liquor. Pie pleaded not guilty to the complaint. An adjournment of the cause was then granted for eight days on his application.
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Eeeoe to review a judgment of the circuit court for Columbia county: B. G-. Siebeokee, Circuit Judge. Plaintiff was duly brought before a justice’s court on a warrant issued on a sworn complaint charging him with violating the statutes in regard to the sale of intoxicating liquor. Pie pleaded not guilty to the complaint. An adjournment of the cause was then granted for eight days on his application. On the adjourned day the accused was permitted to withdraw his plea of not guilty. He then filed an affidavit of prejudice, and moved thereon for a change of venue. The motion was denied.…
1Opinion of the CourtMaRshall, J.
Did the filing of the affidavit of prejudice and the motion thereon for a change of venue made on the adjourned day of the case, the plea of not guilty having been first withdrawn by permission of the court, oust the justice of jurisdiction? That appears to be the principal subject presented for our determination. The right to the change of venue was governed by sec. 4744, E. S. 1878, -which reads as follows: “ On the return of the warrant with the accused, the said justice shall proceed to hear, try and determine the cause within one day, unless continued for cause; and if the defendant…
2Cases cited9 opinions
- Baker v. StateWisconsin Supreme Court · 1894
- Baizer v. LaschWisconsin Supreme Court · 1871
- Allen v. CoatesSupreme Court of Minnesota · 1882
- Hepler v. StateWisconsin Supreme Court · 1878
- Rasmussen v. StateWisconsin Supreme Court · 1885
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State ex rel. Jacobs v. District CourtMontana Supreme Court · 1914
- Holz v. RediskeWisconsin Supreme Court · 1903
- State ex rel. Dunlap v. NohlWisconsin Supreme Court · 1902
- Crate v. PettepherWisconsin Supreme Court · 1901
- De Laval Separator Co. v. HofbergerWisconsin Supreme Court · 1915
3 more not listed; retrieve them via the Exa API.