State ex rel. Dilworth v. Braun
Wisconsin Supreme Court
APPLICATION for a Writ of Prohibition. The relation alleges that the defendant Sarah Smith made due complaint in writing, on oath, to George McWhorter, Esq., a justice of the peace, pursuant to ’ch. 87, R. S., stating in such complaint that she had been delivered of a bastard child then living, and that the same was begotten by the relator ; that the relator was arrested on a warrant issued by the justice upon such complaint, and, after a full examination into the matters…
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APPLICATION for a Writ of Prohibition. The relation alleges that the defendant Sarah Smith made due complaint in writing, on oath, to George McWhorter, Esq., a justice of the peace, pursuant to ’ch. 87, R. S., stating in such complaint that she had been delivered of a bastard child then living, and that the same was begotten by the relator ; that the relator was arrested on a warrant issued by the justice upon such complaint, and, after a full examination into the matters charged in the complaint, the complainant and the relator, and witnesses on behalf of each, having testified in relation…
1Opinion of the Court
Lyoít, J.
The motion to quash the return to the alternative writ of prohibition is in the nature of a demurrer thereto; and, like a demurrer, it reaches back to the first defective pleading. If, therefore, the relation does not state a cause for issuing a writ of prohibition, it may be quashed on this motion.
We have come to the conclusion that the relation does not state facts sufficient to entitle the relator to the relief demanded by him, and hence that the same must be quashed. • Our reasons for this conclusion will be very briefly stated.
I. We are of the opinion that the finding or…
2Cases cited1 opinion
- Morissey v. PeopleMichigan Supreme Court · 1863
3Cited by10 opinions
- State ex rel. De Puy v. EvansWisconsin Supreme Court · 1894
- State ex rel. Meador v. WilliamsMissouri Court of Appeals · 1906
- Rindskopf v. StateWisconsin Supreme Court · 1874
- Norton v. EmerySupreme Judicial Court of Maine · 1911
- State ex rel. Ortloff v. LintonSupreme Court of Minnesota · 1889
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