Legal Opinion

Haight v. Lucia

Wisconsin Supreme Court

Decided June 15, 1874PublishedCited by 26 opinions

APPEAL from the Circuit Court for Brown County. Appeal from an order or judgment convicting the defendants of a contempt of court, and imposing upon each a fine of fifty dollars, and one-half of the costs of the proceedings. The plaintiff commenced an action in the circuit court against the defendants to recover eighty acres of land, the principal value of which consisted of the pine timber standing upon it.

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APPEAL from the Circuit Court for Brown County. Appeal from an order or judgment convicting the defendants of a contempt of court, and imposing upon each a fine of fifty dollars, and one-half of the costs of the proceedings. The plaintiff commenced an action in the circuit court against the defendants to recover eighty acres of land, the principal value of which consisted of the pine timber standing upon it. The next day he procured an injunction order restraining defendants from committing waste on the land. Immediately after the order was served on defendants, plaintiff went upon the…

1Opinion of the CourtLyon, J.

After careful consideration, we have reached the conclusion that a court commissioner has no power to issue an attachment against the person in a case like the one before us. Certainly this power is not expressly conferred upon those officers by any statute of this state. But the power is claimed to exist by virtue of the statutory provision, conferring upon court commissioners the authority, within their respective counties, of a judge of the circuit court at chambers, in civil actions. Tay. Stats., 818, § 127. We will not now decide whether, in a case like this, the circuit judge may award…

2Cases cited2 opinions

  1. In re RemingtonWisconsin Supreme Court · 1859
  2. Lee v. DunlopWisconsin Supreme Court · 1862

3Cited by26 opinions

  1. Ex parte GouldCalifornia Supreme Court · 1893
  2. State v. BanksWisconsin Supreme Court · 1981
  3. Emerson v. HussWisconsin Supreme Court · 1906
  4. Boyd v. StateNebraska Supreme Court · 1886
  5. State ex rel. Thatcher v. HornerMissouri Court of Appeals · 1884

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