Legal Opinion

Chittenden v. State

Wisconsin Supreme Court

Decided August 15, 1876PublishedCited by 4 opinions

CERTIORARI to the Circuit Court for Dane County. The following statement is taken from the opinion of Mr. Justice Cole, as originally prepared: “ A criminal information was filed in the municipal court of the city of Madison, charging that the plaintiffs in error did, at the city of Madison, etc., on the 22d day of June, 1876, compose, print and publish in a certain newspaper called the ‘ Daily Commercial Times,’ a false, wicked and malicious libel of and concerning one…

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CERTIORARI to the Circuit Court for Dane County. The following statement is taken from the opinion of Mr. Justice Cole, as originally prepared: “ A criminal information was filed in the municipal court of the city of Madison, charging that the plaintiffs in error did, at the city of Madison, etc., on the 22d day of June, 1876, compose, print and publish in a certain newspaper called the ‘ Daily Commercial Times,’ a false, wicked and malicious libel of and concerning one Jefferson C. McKenney, the assistant United States district attorney for the eastern district of "Wisconsin, and imputing to…

1Opinion of the CourtCole, J.

The practice of issuing a common-law writ of certiorari for the purpose of removing a cause from the circuit court to this court before trial and judgment, was adopted in the cases of Hauser and another v. The State of Wisconsin, 33 Wis., 678, and Martin v. The State, 35 id., 294. It is proper, however, to state that in neither of those cases was the question as to the regularity or correctness of the practice discussed or questioned by counsel, and the point was passed sub silentio by the court. But the learned counsel for the *293state now claims that the writ was improviolently awarded in…

2Cases cited2 opinions

  1. Hauser v. StateWisconsin Supreme Court · 1873
  2. State ex rel. Stark v. McArthurWisconsin Supreme Court · 1861

3Cited by4 opinions

  1. State ex rel. Attorney General v. Circuit Court for Eau Claire CountyWisconsin Supreme Court · 1897
  2. State v. FischerWisconsin Supreme Court · 1921
  3. State ex rel. Meissner v. O'BrienWisconsin Supreme Court · 1932
  4. State v. NoonanSupreme Court of Minnesota · 1877

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