May v. Keep
Wisconsin Supreme Court
THIS was a motion made before the supreme court at the Juue term, 1849, for the allowance of a common law certio-rari, to remove the proceedings and judgment of the justice before whom the same was tiled, to this court.
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THIS was a motion made before the supreme court at the Juue term, 1849, for the allowance of a common law certio-rari, to remove the proceedings and judgment of the justice before whom the same was tiled, to this court. This motion was founded upon a petition showing a judgment rendered against the applicants by the justice, and also the errors in the proceedings and judgment before Mm, and showing also an an excuse on the part of the defendants, for not having availed themselves of the benefit of an appeal from the judgment, to the circuit court. The petition prayed the allowance of the…
1Opinion of the Court
The court determined that it had the power to authorize the issuing of the writ; but in ordinary cases would not feel itself bound to allow it indiscriminately, where there was an opportamity of making application to a circuit court at a term of such a court, and in accordance with this view of the case ordered that the writ issue in case a bond should be executed and filed with the clerk by the parties making this motion.
2Cited by6 opinions
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- People ex rel. Kocourek v. City of Chicago & Schlesinger & MeyerIllinois Supreme Court · 1901
- State ex rel. Dollard v. Board County CommissionersSouth Dakota Supreme Court · 1890
- Hurlbut v. WilcoxWisconsin Supreme Court · 1865
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