In re Haney
Wisconsin Supreme Court
APPLICATION for a Certiorari. Charles B. Haney sued out of this court a writ of certiorari to bring up for review certain proceedings which were had in the circuit court for Dane county in 1858, ’54 and ’55, “ in the matter of the petition of Berry Haney, guardian of Charles B. Haney, an infant under the age of fourteen years,” by virtue of which certain lands, of which he was then the owner, were sold.
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APPLICATION for a Certiorari. Charles B. Haney sued out of this court a writ of certiorari to bring up for review certain proceedings which were had in the circuit court for Dane county in 1858, ’54 and ’55, “ in the matter of the petition of Berry Haney, guardian of Charles B. Haney, an infant under the age of fourteen years,” by virtue of which certain lands, of which he was then the owner, were sold. Upon the filing of the return made to the writ, the question of the regularity and validity of the proceedings in the circuit court, and also the question whether they could properly be…
1Opinion of the Court
By the Court,
Paine, J.
This was an application for a common law writ of certiorari, to review the proceedings of the circuit court of Dane county, in chancery, upon an application by the guardian of the petitioner for leave to sell his real estate while he was a minor. When the application was made, it certainly appeared to the court that such a use of a common law certiorari would be novel in its character, but the writ was issued without argument, subject to the opinion of the court upon the question whether it would lie in such a case. We are now all of the opinion that it will not.
*421No case…
2Cases cited1 opinion
- Brunson v. BurnettWisconsin Supreme Court · 1849
3Cited by2 opinions
- Deans v. WilcoxonSupreme Court of Florida · 1882
- Hyde v. . the Superior CourtSupreme Court of Rhode Island · 1907