State v. Bloom
Wisconsin Supreme Court
CERTIORARI to tbe County Judge of Dodge County. At tbe May term of tbe circuit court for Jaclcson county, beld by tbe Honorable Isaac E. Messmore, William N. Bloom was indicted for arson, and was tried, convicted and sentenced to confinement at bard labor in tbe state prison for five- years.
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CERTIORARI to tbe County Judge of Dodge County. At tbe May term of tbe circuit court for Jaclcson county, beld by tbe Honorable Isaac E. Messmore, William N. Bloom was indicted for arson, and was tried, convicted and sentenced to confinement at bard labor in tbe state prison for five- years. This court having adjudged that tbe appointment by tbe gov- . ernor, under which Mr. Messmore exercised the office of circuit judge in said county, was made without authority of law, and that the Hon. Geo. Gale was entitled to hold and exercise said office, and having rendered judgment of ouster against…
1Opinion of the Court
By the Court,
Cole, J.
The only question presented by this record is, whether Judge Messmore ^was a de facto judge, so as to render his acts of trying and sentencing the defendant in error valid and binding. This point has already been decided in the affirmative, in the case of Bridget Boyle, 9 Wis., 264. It is impossible to distinguish this case from the question involved in that case, and therefore the order of the county judge, discharging the defendant in error from imprisonment, must be reversed.
We deem it necessary and proper on this occasion to call the attention of officers authorized…
2Cases cited1 opinion
- In re of BoyleWisconsin Supreme Court · 1859
3Cited by31 opinions
- State ex rel. Durner v. HueginWisconsin Supreme Court · 1901
- State ex rel. Attorney General v. CunningamWisconsin Supreme Court · 1892
- Sheehan's CaseMassachusetts Supreme Judicial Court · 1877
- Walcott v. WellsNevada Supreme Court · 1890
- Butler v. PhillipsSupreme Court of Colorado · 1906
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