Weisselman v. State
Wisconsin Supreme Court
ERROR to review a judgment of the,county court of Wau-kesha county: M. S. Griswold, Judge. The case is stated in the opinion. They contended that sec. 7, ch. 99, Laws of 1891, so amended all laws then in force relating to appeals from justices’ courts in Waukesha county, that appeals, whether in civil or criminal cases, should be taken to the county court. The municipal court was in fact acting in this matter as a justice’s court.
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ERROR to review a judgment of the,county court of Wau-kesha county: M. S. Griswold, Judge. The case is stated in the opinion. They contended that sec. 7, ch. 99, Laws of 1891, so amended all laws then in force relating to appeals from justices’ courts in Waukesha county, that appeals, whether in civil or criminal cases, should be taken to the county court. The municipal court was in fact acting in this matter as a justice’s court. If taken to the circuit court the appeal would have been dismissed. Johnson v. G., M. c& St. P. R. Go. 43 Wis. 431. • They contended that the right of appeal was…
1Opinion of the CourtWinslow, J.
The plaintiff in error was arrested on a “ peace warrant ” issued out of the municipal court for the Eastern district of Waukesha county, under sec. 4818 et seg., R. S. Upon hearing he was bound over to keep the peace, and immediately appealed from the order to the county court of Waukesha county, which court dismissed the appeal for want of jurisdiction, whereupon this writ was sued out.
The question whether the county court had jurisdiction of the appeal is simply one of construction of statutes. This was a “ proceeding to prevent the commission of crime,” under ch. 196, R. S. It was not the…
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