In re Burke
Wisconsin Supreme Court
Application for a Writ of Habeas Corpus. The facts are stated in the opinion. They contended, inter alia, that for judicial purposes the municipal court of Ashland county was not fully7- organized until a judge of that court, elected as provided in the act creating the court, took his office and qualified on the first Monday in January, 1890. Until then the act was not completely operative and there was no office of judge of said court which any one had a right to exercise…
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Application for a Writ of Habeas Corpus. The facts are stated in the opinion. They contended, inter alia, that for judicial purposes the municipal court of Ashland county was not fully7- organized until a judge of that court, elected as provided in the act creating the court, took his office and qualified on the first Monday in January, 1890. Until then the act was not completely operative and there was no office of judge of said court which any one had a right to exercise judicial functions in. There was no office de jure. State ex rel. Attiy Gen. v. Messmore, 14 Wis. 163, I'll; Const, of…
1Opinion of the CourtLyon, J.
In August, 1889, the petitioner was brought before L. A. Calkins, Esq., then acting as judge of the *359municipal court of the city and county of Ashland, for examination on a charge of embezzlement. He waived an examination, and was held for trial. In September following the district attorney filed an information against him in the same court for such offense, and in October of the same year he was tried, convicted, and sentenced to imprisonment in the state prison for the term of two and one-half years. He is now serving such sentence.
The petitioner now makes an application to this court for a…
2Cases cited19 opinions
- State ex rel. Knowlton v. WilliamsWisconsin Supreme Court · 1856
- In re of BoyleWisconsin Supreme Court · 1859
- State ex rel. Attorney General v. MessmoreWisconsin Supreme Court · 1861
- State v. BloomWisconsin Supreme Court · 1863
- Van Slyke v. Trempealeau County Farmers' Mutual Fire InsuranceWisconsin Supreme Court · 1876
14 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Ridout v. StateTennessee Supreme Court · 1930
- Baker v. StateWisconsin Supreme Court · 1891
- State ex rel. Dunn v. NoyesWisconsin Supreme Court · 1894
- State ex rel. Reynolds v. SandeWisconsin Supreme Court · 1931
- Pamanet v. StateWisconsin Supreme Court · 1971
12 more not listed; retrieve them via the Exa API.