Legal Opinion

Bookhout v. State

Wisconsin Supreme Court

Decided September 21, 1886PublishedCited by 16 opinions

ERROR to the Municipal Court of Dane County. This is a proceeding under the bastardy act (R. S. oh. 64) to charge the plaintiff in error as the father of a child alleged to have been begotten by him upon the body of the prosecutrix, one Amelia Illgen, an unmarried female. The complaint was made before a justice of the peace of Dane county, before whom the accused was examined.

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ERROR to the Municipal Court of Dane County. This is a proceeding under the bastardy act (R. S. oh. 64) to charge the plaintiff in error as the father of a child alleged to have been begotten by him upon the body of the prosecutrix, one Amelia Illgen, an unmarried female. The complaint was made before a justice of the peace of Dane county, before whom the accused was examined. The justice adjudged that there was probable cause to believe the accused guilty, and held him for trial before the municipal court of that county. He was tried in the latter court, found guilty, and, after a motion for…

1Opinion of the Court

The following opinion was filed May 15, 1886:

LyoN, J.

The general provision of the statute is that persons held for trial in bastardy proceedings shall be recognized to the circuit court, and shall be tried there. E. S. see. 1533. But in the act creating the municipal court of Dane county it is provided that all examinations and recognizances in bastardy proceedings shall be certified and returned to that court instead of the circuit court. E. S. sec. 2515. It was intended By this act to confer upon the municipal court jurisdiction to try the accused and give judgment. If the act is valid, it…

2Cases cited5 opinions

  1. Baker v. StateWisconsin Supreme Court · 1883
  2. Cerney v. PawlotWisconsin Supreme Court · 1886
  3. Harrison v. DoyleWisconsin Supreme Court · 1860
  4. McNab v. NoonanWisconsin Supreme Court · 1871
  5. Sword v. NestorCourt of Appeals of Kentucky · 1835

3Cited by16 opinions

  1. Jones v. JonesWisconsin Supreme Court · 1886
  2. State v. KrauseWisconsin Supreme Court · 1951
  3. Smith v. StateAlabama Court of Appeals · 1915
  4. Goyke v. StateWisconsin Supreme Court · 1908
  5. American Loan & Trust Co. v. BondWisconsin Supreme Court · 1895

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