State ex rel. Stark v. McArthur

By the Court,

Paine, J.

The relator sued out an alternative mandamus to compel the judge of the circuit court of Milwaukee county to proceed to the trial of an indictment which had been transferred to that court from the municipal *384court of Milwaukee, or stow cause to tlie contrary. ' The judge made a return, setting forth the reasons why he refused, which embrace really nothing but matters of law, and the same questions might therefore properly have been raised . ° # ^ x. by a motion to quash the writ. The circuit court declined to try the indictment, for the reason that it had no jurisdiction…