Long v. State
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. By sec. 3203&, Stats. 1919, the governor and the members of the state board of control were constituted a board to be known as the board for the relief of persons who have served terms of. imprisonment upon conviction of crime against the state of which they were innocent.
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Appeal from a judgment of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. By sec. 3203&, Stats. 1919, the governor and the members of the state board of control were constituted a board to be known as the board for the relief of persons who have served terms of. imprisonment upon conviction of crime against the state of which they were innocent. Provision is made for presentation of the case by petition to the board, and upon such hearing the board is required to find that it is clearly beyond reasonable doubt that the petitioner was innocent of the crime or offense for…
1DissentEschweiler, J.
I could concur in the dismissal of this appeal were it placed upon the ground that this being a claim against the sovereign, which cannot be sued at all without its consent, a claimant against the state has no rights save those expressly given. I cannot, however, agree with the grounds stated in the majority opinion.
Statutes granting or regulating appeals are remedial, should have a liberal construction, and are favored. Hixon v. Oneida Co. 82 Wis. 515, 529, 52 N. W. 445; State v. Nangle, 82 W. Va. 224, 95 S. E. 833, and cases there cited; 3 Corp. Jur. 319; 2 Ruling Case Law, 29.
So far as the…
2Cases cited5 opinions
- State ex rel. Cook v. HouserWisconsin Supreme Court · 1904
- Hixon v. Oneida CountyWisconsin Supreme Court · 1892
- Clancy v. Board of Fire & Police CommissionersWisconsin Supreme Court · 1912
- State v. NangleWest Virginia Supreme Court · 1918
- In re AldrichWisconsin Supreme Court · 1902