City of Milwaukee v. Simons
| Decision Date | 19 June 1896 |
| Citation | 67 N.W. 922,93 Wis. 576 |
| Parties | CITY OF MILWAUKEE v. SIMONS ET AL. |
| Court | Wisconsin Supreme Court |
OPINION TEXT STARTS HERE
Error to police court of Milwaukee; Neele B. Neelen, Judge.
Action by the city of Milwaukee against Henry Simons and others to recover a penalty for violation of a city ordinance. There was a judgment for defendant, and the city brings error. Dismissed.
Writ of error to review a judgment of the police court of the city of Milwaukee. Action brought in the police court of the city of Milwaukee to recover a penalty for violation of a city ordinance. The defendant was acquitted by the verdict of a jury. The plaintiff moved the court to set aside the verdict, which was denied. Judgment was entered discharging the defendant, and the writ of error was sued out of this court to bring such judgment and the proceedings of said police court to this court for review.
*923Charles H. Hamilton, for plaintiff in error.
M. N. Lando, for defendants in error.
The police court of the city of Milwaukee, in which the proceedings were had and judgment entered which appellant seeks to have reviewed on writ of error, was created by chapter 6, Laws of Wisconsin for the Year 1895, and made a court of record. Appellate jurisdiction to review all judgments entered therein is vested in the municipal court for the city and county of Milwaukee by section 16, which is as follows: It is obvious, from the language of this section, that the police court of the city of Milwaukee, in respect to the appellate jurisdiction to review its judgments, is the same as a justice's court. Such being the case, we fail to see any authority whatever to sustain the issuance of a writ of error to bring a judgment rendered therein directly here for review. We apprehend appellant relies upon City of Milwaukee v. Gross, 21 Wis. 241. The judgment in that case was rendered in the municipal court for Milwaukee...
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