Legal Opinion

Lamonte v. Ward

Wisconsin Supreme Court

Decided January 15, 1875PublishedCited by 8 opinions

APPEAL from the Circuit Court for Milwaukee County. This action was brought by leave of court on a bond in the penal sum of $1,600, executed to the sheriff of Milwaukee county, by the defendant Pierce as principal, and by the other defendants (the appellants) as sureties.

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APPEAL from the Circuit Court for Milwaukee County. This action was brought by leave of court on a bond in the penal sum of $1,600, executed to the sheriff of Milwaukee county, by the defendant Pierce as principal, and by the other defendants (the appellants) as sureties. The bond contained the recital that Pierce had been arrested upon a special order of the circuit court for Milwaukee county as for a contempt; and the condition thereof was, that if he should appear on the return of such attachment, and abide the order and judgment of the court thereupon, wichout any fraud or other delay,…

1Opinion of the CourtLyon, J.

I. It is stated in the complaint that the case of Lamonte v. Pierce was commenced in the Milwaukee county court; that all of the proceedings in the cause until after the alleged contempt was committed by Pierce, were had in that court; and that, pending an application to punish Pierce for such contempt, the venue was duly changed to the circuit court. It is now claimed, on behalf of the appellants, that such change of venue was without authority of law, and, consequently, that the circuit court never obtained jurisdiction of the proceeding. The statute provides for the removal from the county…

2Cases cited2 opinions

  1. Reese v. United StatesSupreme Court of the United States · 1870
  2. People v. KentMichigan Supreme Court · 1843

3Cited by8 opinions

  1. Van Dyke v. Superior CourtArizona Supreme Court · 1922
  2. Ex Parte OwensCourt of Criminal Appeals of Oklahoma · 1927
  3. Zrimsek v. American Automobile Insurance Co.Wisconsin Supreme Court · 1959
  4. State v. Superior CourtWashington Supreme Court · 1914
  5. State Ex Rel. Attorney General v. MartinSupreme Court of Oklahoma · 1927

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