State ex rel. Hamilton v. Mun. Court of City & Cnty. of Milwaukee

Citation61 N.W. 1100,89 Wis. 358
PartiesSTATE EX REL. HAMILTON, CITY ATTY., v. MUNICIPAL COURT OF CITY AND COUNTY OF MILWAUKEE ET AL.
Decision Date05 February 1895
CourtUnited States State Supreme Court of Wisconsin

OPINION TEXT STARTS HERE

Action of mandamus, upon relation of Charles H. Hamilton, city attorney of the city of Milwaukee, against the municipal court of the same city and Emil Walber, judge. Writ denied.

This is an action of mandamus. One John H. Sheldon was convicted by the verdict of a jury, in the municipal court of the city of Milwaukee, of having sold intoxicating liquors without license, contrary to the provisions of an ordinance of the city. A motion for sentence on the verdict was denied. The verdict was set aside, and a new trial granted. On the application of the city attorney, this court issued an alternative writ of mandamus, directing the municipal court forthwith to sentence the said John H. Sheldon, upon the verdict of the jury, or to show cause to the contrary. The trial is upon a demurrer to the alternative writ. The question at issue is the power of the municipal court to set aside the verdict of a jury, and to grant a new trial, in a prosecution for the breach of an ordinance of the city, which is, at the same time, a misdemeanor, under the statute of the state.Charles H. Hamilton, in pro. per.

Williams & May, for respondents.

NEWMAN, J.

Section 2499, Sanb. & B. St., provides generally the character and jurisdiction of the municipal court of the city and county of Milwaukee. It provides that: “It shall be a court of record.” “It has and may exercise powers and jurisdiction concurrent and equal with the circuit court for Milwaukee county, in all cases of crimes and misdemeanors arising in said county.” “The judgments of the municipal court, in all cases tried before it, may be examined and reviewed by the supreme court, in the same manner as the judgments of the circuit court be.” “To carry out its jurisdiction, such municipal court shall have all the powers of circuit courts.” This is said, in Raynor v. State, 62 Wis. 289-294, 22 N. W. 430, to “disclose a very clear intent that all the judgments of the municipal court should be put upon the same footing as judgments of all courts of record in the state,” at least for purposes of review. Section 2500, Sanb. & B. St., provides for the practice in that court: “The general provisions of law which may at any time be in force relative to circuit courts, and actions and proceedings therein, in cases of crimes and misdemeanors, shall relate also to said municipal court, unless inapplicable; and the rules of practice prescribed by the justices of the supreme court shall be in force in said municipal court, and its rules of practice and proceeding shall conform as near as practicable to the rules and practice of circuit courts.” Section 2501, Id., relates to the powers of the municipal court as a police court. It vests in the municipal court all the powers and jurisdiction heretofore vested in the police court of the city in all cases of crimes and misdemeanors arising in the city, and of...

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10 cases
  • City of Milwaukee v. Johnson
    • United States
    • United States State Supreme Court of Wisconsin
    • April 5, 1927
    ...writ of error. Boscobel v. Bugbee, 41 Wis. 59, 64;Platteville v. McKernan, 54 Wis. 487, 489, 11 N. W. 798;State ex rel. Hamilton v. Municipal Court, 89 Wis. 358, 361, 61 N. W. 1100. In the cases just cited, the nature of a proceeding to collect a fine or forfeiture under a municipal ordinan......
  • State ex rel. Cooper v. Brazee
    • United States
    • United States State Supreme Court of Wisconsin
    • May 11, 1909
    ...an alternative writ issued. Writ quashed. Among other references upon the part of the relators were the following: Hamilton v. Milwaukee, 89 Wis. 358, 61 N. W. 1100;Ogden v. Madison, 111 Wis. 413, 87 N. W. 568, 55 L. R. A. 506;Crocker v. State, 60 Wis. 553, 19 N. W. 435;State ex rel. v. Cle......
  • City of Oshkosh v. Lloyd
    • United States
    • United States State Supreme Court of Wisconsin
    • November 15, 1949
    ...v. Bugbee, 41 Wis. 59, 64;Village of Platteville v. McKernan, 54 Wis. 487 [489],11 N.W. 798;State ex rel. Hamilton v. Municipal Court, 89 Wis. 358, 361, 61 N.W. 1100. ‘In the cases just cited, the nature of a proceeding to collect a fine or forfeiture under a municipal ordinance was determi......
  • Olson v. Hawkins
    • United States
    • United States State Supreme Court of Wisconsin
    • April 17, 1908
    ...name of the state, was a civil action. Platteville v. Bell, 43 Wis. 488;Oshkosh v. Schwartz, 55 Wis. 483, 13 N. W. 552;State v. Milwaukee, 89 Wis. 358, 61 N. W. 1100. The statute (section 925-68) prescribing what entries the docket of the police justice shall contain is radically different ......
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