In re Eldred
Wisconsin Supreme Court
CERTIORARI to the Judge of the Circuit Court for Boole County. On the 20th of December, 1878, George O. Smith made a complaint in writing, under oath, before II.
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CERTIORARI to the Judge of the Circuit Court for Boole County. On the 20th of December, 1878, George O. Smith made a complaint in writing, under oath, before II. A. Porter, Esq., a justice of the peace in and for Jefferson county in this state, alleging, in substance, that Judd M. Cobb, F. 8. Eldred, Oliver B. Ford, and others named, did, on the 1st of September, 1878, and on divers other days before and since, in said county, unlawfully keep and maintain, and were still so unlawfully keeping and maintaining, a certain dam upon a part of section 21, town 4 north, range 12 east, in Rock…
1Opinion of the CourtRyak, C. J.
These cases involve the same questions. One of them was submitted on the argument of the other, and they will De considered together.
Upon the return of the sheriff to the writs of habeas corpus, the prisoners, who are relators here, put in traverses of the recitals of the complaint in the warrant issued by the justice of the peace, going to the merits. To these the state demurred. And the learned counsel for the relators now insist that this court must pass upon the merits as raised by the demurrers to the traverses. The learned circuit judge before whom the writs of habeas corpus were heard,…
Also in this document: Dissent.
2Cases cited25 opinions
- Mississippi & Missouri Railroad v. WardSupreme Court of the United States · 1863
- People v. RathbunNew York Supreme Court · 1839
- Kingsland v. RapelyeNew York Court of Chancery · 1833
- Wintersmith & Young v. Pointer & ConwayCourt of Appeals of Kentucky · 1859
- People v. AdamsNew York Supreme Court · 1846
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3Cited by26 opinions
- State ex rel. Durner v. HueginWisconsin Supreme Court · 1901
- Fox River Paper Co. v. Railroad CommissionSupreme Court of the United States · 1927
- Robertson v. StateCourt of Criminal Appeals of Texas · 1911
- Wolke v. FlemingWisconsin Supreme Court · 1964
- State ex rel. Brown v. StewartWisconsin Supreme Court · 1884
21 more not listed; retrieve them via the Exa API.