State v. Jacobs

By the Court,

Waldo, J.:

It appears in this case that the contempt for which the appellant was adjudged guilty, was for an act done in pursuance of a peremptory mandamus from this court. When the writ of mandamus was shown to the court below, the appellant should have been discharged. The writ was a complete defense, unless void as beyond the power of this court to issue it. But the counsel for the respondent was too learned to claim that this court was without power to enforce its judgments and decrees by mandamus. (See Att'y Gen. v. Cushing, 2 Wis., 507; Riggs v. Johnson County, 6 Wall., 166;…