Heller v. Franke
Wisconsin Supreme Court
Eeros, to review an order of the circuit court for Milwaukee county: W. J. TueNee, Circuit Judge. This case is here upon writ of error to review an order or judgment made upon habeas corpus remanding the prisoners to the custody of the sheriff. The facts in the case appear from the allegations of the warrant on which the prisoners were held.
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Eeros, to review an order of the circuit court for Milwaukee county: W. J. TueNee, Circuit Judge. This case is here upon writ of error to review an order or judgment made upon habeas corpus remanding the prisoners to the custody of the sheriff. The facts in the case appear from the allegations of the warrant on which the prisoners were held. The following is a copy of the warrant, Exhibit A, referred to in the return: “Exhibit A (Warrant). “In the District Court of the County of Milwaukee, State of Wisconsin, Milwaukee County — ss. “The state of Wisconsin, to the sheriff or any constable of…
1Opinion of the CourtKeRWIH', J.
Several interesting questions on the merits are presented in this case and ably argued on both sides. Rut we have concluded that they should not be treated upon this appeal, because the order upon the former habeas corpus is *523not open to review except upon writ of error from this court. The question whether the order on the former habeas corpus is binding here has been exhaustively argued on both sides.
As appears from the statement of facts, the court commissioner on October 15, 1907, made an order remanding the prisoners to the custody of the sheriff and fixed their bail at $300. The…
2Cases cited3 opinions
- State ex rel. Durner v. HueginWisconsin Supreme Court · 1901
- State ex rel. McCaslin v. SmithWisconsin Supreme Court · 1886
- State ex rel. Gaster v. WhitcherWisconsin Supreme Court · 1903
3Cited by5 opinions
- McCleskey v. ZantSupreme Court of the United States · 1991
- McCleskey v. ZantSupreme Court of the United States · 1991
- Application of RattelWisconsin Supreme Court · 1943
- Wong Sun v. FluckeyDistrict Court, N.D. Ohio · 1922
- Jaynes v. Warden, No. Cv97-0002580 (Jan. 21, 2003)Connecticut Superior Court · 2003