Legal Opinion

State ex rel. Green v. Van Ells

Wisconsin Supreme Court

Decided June 1, 1887PublishedCited by 4 opinions

APPEAL from the Circuit Court for Milwaukee County. This is a proceeding by mandamus by the respondent against the appellant, a justice of the peace, to compel him to enter in his docket an adjournment of a suit which was tried before him, wherein one August Meyer and another were plaintiffs, and the said Lyman D. Green was defendant.

Read the full summary

APPEAL from the Circuit Court for Milwaukee County. This is a proceeding by mandamus by the respondent against the appellant, a justice of the peace, to compel him to enter in his docket an adjournment of a suit which was tried before him, wherein one August Meyer and another were plaintiffs, and the said Lyman D. Green was defendant. The circuit court, on the 27th day of January, 1885, upon' the petition of the said relator, ordered the said justice to show cause why a peremptory writ of mandamus should not issue requiring him to enter in his docket the said adjournment. An issue was…

1Opinion of the Court

The following opinion was filed March, 1, 1887:

Cole, C. J.

The peremptory writ issued commanding and directing the appellant to make an entry in his docket of an adjournment, after the rendition of the verdict, in the suit named, which had been tried before him as a justice of the peace. But the appellant in his return to the alternative writ distinctly denies that any such adjournment was ever made; and the fair inference from the docket entries, which are made part of the return, is that the justice rendered judgment upon the verdict without any adjournment. *22The entry is: “The jury returned…

2Cases cited3 opinions

  1. Smith v. BahrWisconsin Supreme Court · 1885
  2. Cassidy v. MillerickWisconsin Supreme Court · 1881
  3. State ex rel. Marsh v. WhittetWisconsin Supreme Court · 1884

3Cited by4 opinions

  1. State ex rel. Hamilton v. EngleIndiana Supreme Court · 1891
  2. Fulton v. State ex rel. MeinersWisconsin Supreme Court · 1899
  3. Braun v. CampbellWisconsin Supreme Court · 1909
  4. Shober v. StateOhio Court of Appeals · 1919

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API