Servonitz v. State
Wisconsin Supreme Court
Eeeoe to review a judgment of tbe circuit court for MiU waukee county: J. 0. Ludwig, Circuit Judge. The judgment in question is one refusing to discharge the plaintiff, in error in habeas corpus proceedings.
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Eeeoe to review a judgment of tbe circuit court for MiU waukee county: J. 0. Ludwig, Circuit Judge. The judgment in question is one refusing to discharge the plaintiff, in error in habeas corpus proceedings. Plaintiff in error was charged in due form of law, in the district court of Milwaukee county, a tribunal having jurisdiction of infractions of general state police regulations occurring in said county, with having violated ch. 490, Laws of 1905, by peddling without a license. Such proceedings were had in the action in such court that he was in due form found guilty and sentenced to pay a…
1Opinion of the Court
Marshall, J".
The point is made that a habeas corpus proceeding is not the proper remedy to test the validity of a judgment under which a person is restrained of his liberty. In support thereof the general principle is invoked, that the writ of habeas corpus only reaches jurisdictional error; that it cannot properly be used so as to serve the mere purpose of a writ of error. The cases so holding in this and other courts are very numerous. The principle is so elementary that it is useless to refer to authorities in respect thereto.
Before applying the conceded rule to a case like this, one where…
2Cases cited18 opinions
- Ex Parte SieboldSupreme Court of the United States · 1880
- People Ex Rel. Tweed v. . LiscombNew York Court of Appeals · 1875
- State ex rel. Durner v. HueginWisconsin Supreme Court · 1901
- Nunnemacher v. StateWisconsin Supreme Court · 1906
- State v. WhitcomWisconsin Supreme Court · 1904
13 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- State Ex Rel. Watts v. Combined Community Services Board of Milwaukee CountyWisconsin Supreme Court · 1985
- State Ex Rel. La Follette v. ReuterWisconsin Supreme Court · 1967
- Madison Metropolitan Sewerage District v. Committee on Water PollutionWisconsin Supreme Court · 1951
- State Ex Rel. Schopf v. SchubertWisconsin Supreme Court · 1970
- State Ex Rel. Skinkis v. TreffertCourt of Appeals of Wisconsin · 1979
30 more not listed; retrieve them via the Exa API.