State ex rel. Meggett v. O'Neill
Wisconsin Supreme Court
Ceetioeaex to review proceedings of the circuit court for Eau Claire county: James O’Ueill, Circuit Judge. The respondent moved to quash the writ. A writ of certiorari having been issued to review certain contempt proceedings and order or judgment against the relator, and return thereto having been made, the respondent moved to quash the writ.
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Ceetioeaex to review proceedings of the circuit court for Eau Claire county: James O’Ueill, Circuit Judge. The respondent moved to quash the writ. A writ of certiorari having been issued to review certain contempt proceedings and order or judgment against the relator, and return thereto having been made, the respondent moved to quash the writ. From the record it appears- that prior'to 1893 an action to foreclose a mortgage was pending, wherein Herbert Hash, as trustee, was plaintiff, and the relator was the principal defendant; that on December 30, 1893, in said action, the court entered an…
1Opinion of the CourtDodge, J.
A final order in a. civil contempt proceeding is appealable as being one affecting a substantial right in a special proceeding. Shannon v. State, 18 Wis. 604; Witter v. Lyon, 34 Wis. 564; In re Day, 34 Wis. 638. The proceeding assailed was civil and not criminal. The two are distinguished, as are actions, by the character of the rights to be vindicated and the remedy sought. A civil proceeding is one the purpose of which is to redress private grievances and to enforce or protect private rights; while a criminal proceeding is to punish an affront to public rights, namely, the authority and…
2Cases cited8 opinions
- State ex rel. Fourth National Bank of Philadelphia v. JohnsonWisconsin Supreme Court · 1899
- In re PierceWisconsin Supreme Court · 1878
- Witter v. LyonWisconsin Supreme Court · 1874
- In re MurpheyWisconsin Supreme Court · 1876
- State ex rel. Chicago & Northwestern Railway Co. v. Oshkosh, Algoma & Black Wolf RailroadWisconsin Supreme Court · 1898
3 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- State v. GouletteWisconsin Supreme Court · 1974
- State ex rel. City of Milwaukee v. LudwigWisconsin Supreme Court · 1900
- State Ex Rel. Reynolds v. County CourtWisconsin Supreme Court · 1960
- State ex rel. Tewalt v. PollardWisconsin Supreme Court · 1901
- State ex rel. Umbreit v. HelmsWisconsin Supreme Court · 1908
21 more not listed; retrieve them via the Exa API.