State ex rel. Umbreit v. Helms
Wisconsin Supreme Court
Mandamus to Eugene W. Helms, Judge of the Circuit Court for St. Croix County. Application on the part of the state, through the relator, was made to this court, praying that it exercise its power of superintending control over inferior courts by directing Hon. E. W. Helms, respondent herein and judge presiding of the circuit court for St. Croix county, to set aside an order made by him quashing and dismissing a criminal complaint against one John Till in a criminal action…
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Mandamus to Eugene W. Helms, Judge of the Circuit Court for St. Croix County. Application on the part of the state, through the relator, was made to this court, praying that it exercise its power of superintending control over inferior courts by directing Hon. E. W. Helms, respondent herein and judge presiding of the circuit court for St. Croix county, to set aside an order made by him quashing and dismissing a criminal complaint against one John Till in a criminal action pending in the circuit court for said county against said Till, and to direct said court to reinstate said action and…
1Concurrence 1
The following opinion was filed October 20, 1908:
2Concurrence · MabshallMabshall, J.
Desiring to aid, as best I can, in eradicating any misconception which may exist respecting the scope of the superintending power of this court over other courts and conditions under which such power should be exercised, I supplement the opinion written for the court, by stating in my own way its position as I understand it. The primary question is whether the controversy in this case is within the court’s jurisdiction. The secondary question is whether a situation is presented of sufficient gravity to call such jurisdiction into activity. The…
3Cases cited20 opinions
- Attorney General v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
- State ex rel. Fourth National Bank of Philadelphia v. JohnsonWisconsin Supreme Court · 1899
- State ex rel. Milwaukee Medical College v. ChittendenWisconsin Supreme Court · 1906
- State ex rel. Attorney General v. Circuit Court for Eau Claire CountyWisconsin Supreme Court · 1897
- Slauson v. City of RacineWisconsin Supreme Court · 1861
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