State ex rel. Cameron v. Roberts
Wisconsin Supreme Court
APPEAL from tho Circuit Court for Milwaukee County. ■This is an appeal from an order of the circuit court of Milwaukee county denying the motion to quash a writ of certiorari issued out of that court to a justice of tbe peace to reverse a judgment rendered by him in an action for unlawful detainer, in which the above-named defendant was plaintiff, and the above-named relator and one Mrs. R. L. Eatzinger were defendants.
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APPEAL from tho Circuit Court for Milwaukee County. ■This is an appeal from an order of the circuit court of Milwaukee county denying the motion to quash a writ of certiorari issued out of that court to a justice of tbe peace to reverse a judgment rendered by him in an action for unlawful detainer, in which the above-named defendant was plaintiff, and the above-named relator and one Mrs. R. L. Eatzinger were defendants. It was alleged, in substance, in the petition for the writ, that at the time for appearance of the parties the defendants appeared by their attorney specially, and, for the…
1Opinion of the CourtPinney, J.
1. There is no defect of substance or form in the writ of certiora7’i in this case, and it was properly *295sewed. The petition upon which it was issued was, upon its face, entirely sufficient. The only ground upon which it can bo maintained that it ought to have been quashed is that the return shows that it was not issued in a proper case, and that the writ may be quashed on motion after return made, without waiting for a formal hearing at a subsequent term. In State ex rel. Dalrymple v. Milwaukee Co. 58 Wis. 4, it was held that “ if the respondent is of the opinion that the writ was issued when…
2Cases cited5 opinions
- State ex rel. Dalrymple v. Milwaukee CountyWisconsin Supreme Court · 1883
- Smith v. BahrWisconsin Supreme Court · 1885
- Cassidy v. MillerickWisconsin Supreme Court · 1881
- People, Ex Rel. Smith v. . Com'rs, Etc., BrooklynNew York Court of Appeals · 1886
- Hellriegel v. TrumanWisconsin Supreme Court · 1884
3Cited by7 opinions
- State ex rel. Heller v. LawlerWisconsin Supreme Court · 1899
- State ex rel. Clancy v. McGovernWisconsin Supreme Court · 1898
- Winder v. . PennimanSupreme Court of North Carolina · 1921
- State ex rel. Gottschalk v. MillerWisconsin Supreme Court · 1908
- State Ex Rel. Park Plaza Shopping Center, Inc. v. O'MalleyWisconsin Supreme Court · 1973
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