State ex rel. Marsh v. Whittet
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. The relator obtained from the circuit court an order to show cause why a peremptory writ of mandamus should not issue to compel John Whittet, a justice of the peace in Jefferson county, to expunge from his docket certain entries made therein and to correct said docket by entering therein the true time when certain entries were made.
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APPEAL from the Circuit Court for Jefferson County. The relator obtained from the circuit court an order to show cause why a peremptory writ of mandamus should not issue to compel John Whittet, a justice of the peace in Jefferson county, to expunge from his docket certain entries made therein and to correct said docket by entering therein the true time when certain entries were made. The affidavits upon which such order was granted showed that an action was commenced before said justice, by one C. R. Head against the relator, on May T, 1884; that on the return day of the sumomons, May 16,…
1Opinion of the CourtConn, C. J.
The objection that the circuit court had no power to compel by mandamus the justice to correct his *354docket entries so as to make them conform to the real facts and speak the truth, we deem quite untenable. It is said the justice, in making these docket entries, acts judicially, and that the circuit court will not direct or control his judgment or discretion as to what entries .shall be made. A justice of the peace perforins both judicial and ministerial duties. In the trial of causes and in the rendition of a judgment he acts judicially. In the issuing of process and making dockets entries he…
2Cases cited10 opinions
- Tompkins v. SandsNew York Supreme Court · 1832
- Wicker v. ComstockWisconsin Supreme Court · 1881
- Smith v. MooreSupreme Court of Connecticut · 1871
- State ex rel. Roe v. NoggleWisconsin Supreme Court · 1861
- Brahmstead v. WardWisconsin Supreme Court · 1878
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State ex rel. Dearborn v. MerrickWisconsin Supreme Court · 1898
- People ex rel. Percival v. CramAppellate Division of the Supreme Court of the State of New York · 1898
- State ex rel. Green v. Van EllsWisconsin Supreme Court · 1887
- Braun v. CampbellWisconsin Supreme Court · 1909
- Orban v. Northwestern Fire & Marine InsuranceMichigan Supreme Court · 1912
1 more not listed; retrieve them via the Exa API.