State ex rel. Jackson v. Reid
This text of 183 N.W. 992 (State ex rel. Jackson v. Reid) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The order is an appealable one. Sec. 3069, Stats. 1919; Vilter Mfg. Co. v. Humphrey, 132 Wis. 587, 112 N. W. 1095. It is not an order under sec. 3043, Stats. 1919, from which a writ of error, lies, hence its validity should have been tested by appeal and not by a writ of error. The writ gives us no jurisdiction and must therefore be quashed. Ogden v. State, 162 Wis. 500, 156 N. W. 476.
Since ch. 16, Laws 1920 (Special Session), is unconstitutional (see State ex rel. Milwaukee S. & I. Co. v. Railroad Comm., decided herewith (ante, p. 458, 183 N. W. 687), it follows that all proceedings under it are void, and the circuit court should reverse its order and discharge the defendant.
By the Court. — Writ quashed.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
183 N.W. 992, 174 Wis. 536, 1921 Wisc. LEXIS 179, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-jackson-v-reid-wis-1921.