Fenelon v. Butts
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dodge County. Action for false imprisonment. There was a judgment for the plaintiffs, from which the defendant Butts appealed.
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APPEAL from the Circuit Court for Dodge County. Action for false imprisonment. There was a judgment for the plaintiffs, from which the defendant Butts appealed. The case will sufficiently appear from the opinion. 1. The constitutional limitation of the powers of a court commissioner, in the words “provided, that said powers shall not exceed those of a judge of the circuit court at chambers,” contained in art. VII, sec. 23, cannot have reference to territorial powers or territorial jurisdiction. It means simply that whatever things can b'e done by a circuit judge sitting at chambers, and no…
1Opinion of the CourtCole, J.
The gravamen of the complaint is the two instances of the false imprisonment of the plaintiff Mrs. Fenelon, which it is alleged were directed, procured and caused by the defendant. The defendant justifies the acts complained of by the proceedings had before court commissioner Jacobs, and the commitments made by him, which are set forth in the answer. It appears that supplemental proceedings were instituted by the defendant in Dodge county, before Jacobs, on a judgment rendered in his favor in the circuit court of Fond du Lac county. A transcript of that judgment was filed and the judgment…
2Cases cited4 opinions
- In re of BoyleWisconsin Supreme Court · 1859
- State v. BloomWisconsin Supreme Court · 1863
- Bonesteel v. BonesteelWisconsin Supreme Court · 1871
- Laver v. McGlachlinWisconsin Supreme Court · 1871
3Cited by9 opinions
- Smith v. ClarkUtah Supreme Court · 1910
- Idol v. StreetSupreme Court of North Carolina · 1951
- Fenelon v. ButtsWisconsin Supreme Court · 1881
- Tillman v. BeardMichigan Supreme Court · 1899
- In re BurkeWisconsin Supreme Court · 1890
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