Butts v. Fenelon
Wisconsin Supreme Court
ERROR to the Circuit Court for Dodge County. The writ of error in this case was taken to review a judgment of the circuit court affirming an order of a court commissioner, upon a writ of habeas corpus, directing the discharge of Margaret Fenelon from imprisonment.
1Per curiam
When this cause was reached in its order, counsel appeared to argue it for the plaintiff in error; but no one appeared, and no brief had been submitted, for the defendant in error. The plaintiff in error is therefore entitled, under the rule, to judgment of reversal. But his counsel insisted on *665being beard, and that the court should pass judgment on the merits. This the court declines to do. It is dangerous to pass upon grave questions, such as are presumably involved in eases brought here, upon ex parte argument; and the court is unwilling to do so when it can be avoided. Hence the present…
2Cited by3 opinions
- Dempsey v. National Surety Co.Wisconsin Supreme Court · 1921
- Hughes v. LibbyWisconsin Supreme Court · 1877
- Essbro Seamless Floors, Inc. v. SitzbergerWisconsin Supreme Court · 1970