State ex rel. Umbreit v. Helms

118 N.W. 158, 136 Wis. 432, 1908 Wisc. LEXIS 253
CourtWisconsin Supreme Court
DecidedOctober 20, 1908
StatusPublished
Cited by35 cases

This text of 118 N.W. 158 (State ex rel. Umbreit v. Helms) 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.

Bluebook
State ex rel. Umbreit v. Helms, 118 N.W. 158, 136 Wis. 432, 1908 Wisc. LEXIS 253 (Wis. 1908).

Opinions

The following opinion was filed October 20, 1908:

KeRWIST, J.

The important question presented by the record is whether this court, under its .power of superintending control over inferior courts granted to it by sec. 3, [436]*436art. VII, Const., has power to review and control the action and determination of the circuit court in respect to the matter .complained of. Sec. 3, art. VII, Const., provides:

“The supreme court, except in cases otherwise provided in this constitution, shall have appellate jurisdiction only, which shall he coextensive with the state; hut in no case removed to the supreme court -shall a trial by jury he allowed. The supreme court shall have a general superintending control over all inferior courts; it shall have power to issue writs of habeas corpus, mandam/us, injunction, quo warranto, cer-tiorari and other original and remedial writs, and to hear and determine the same.”

This court has had occasion to pass upon this provision of the constitution at an early day in All’y Gen. v. Blossom, 1 Wis. 317, and many times since. The general scope of the subject has been quite fully covered in former decisions of this court. Att'y Gen. v. Blossom, 1 Wis. 317; Att’y Gen. v. Railroad Cos. 35 Wis. 425; State ex rel. Fourth Nat. Bank v. Johnson, 103 Wis. 591, 79 E. W. 1081; State ex rel. Mitchell v. Johnson, 105 Wis. 90, 80 N. W. 1104; State ex rel. Fourth Nat. Bank v. Johnson, 105 Wis. 164, 83 N. W. 320; State ex rel. Milwaukee v. Ludwig, 106 Wis. 226, 82 N. W. 158; State ex rel. W. G. Taylor Co. v. Elliott, 108 Wis. 163, 84 N. W. 149; State ex rel. Coffey v. Chittenden, 112 Wis. 569, 88 N. W. 587; In re Gates, 117 Wis. 445, 94 N. W. 292; State ex rel. Milwaukee Med. Coll. v. Chittenden, 127 Wis. 468, 107 N. W. 500. In view of what has been said in the above cases, we do not feel that any extended discussion of the history and scope of the doctrine of superintending control under our constitution is necessary. Moreover, we think the case before us is embraced within narrow limits, and the determination of it we regard sufficient without laying down rules for the government of future cases which may arise and require the discussion of legal principles not necessary to be considered here. The words of the constitution granting to this court [437]*437tiie power of superintending control over inferior courts are defined in State ex rel. Fourth Nat. Bank v. Johnson, 103 Wis. 591, 79 N. W. 1081, and other cases heretofore cited. The question, therefore, arises in the instant case whether when the circuit court, before entering upon the trial, dismisses a criminal complaint, indictment, or information charging a criminal offense, and discharges the accused, this •court has power under the authority conferred by the constitution to require by appropriate writ the inferior court to proceed within its jurisdiction and try the accused, where there is no other adequate remedy.

The high prerogative authority, though sparingly used, applies as well to criminal as to civil eases. State ex rel. Fourth Nat. Bank v. Johnson, 103 Wis. 591, 614, 79 N. W. 1081; State ex rel. McGovern v. Williams, ante, p. 1, 116 N. W. 225; State ex rel. Harris v. Laughlin, 75 Mo. 358; Benners v. State, 124 Ala. 97, 26 South. 942; 1 Bishop, Eiew Grim. Proc. § 1402. In State ex rel. McGovern v. Williams, supra, the question presented was whether this court has jurisdiction, under its power of superintending control, to compel the circuit court to reinstate a criminal action and proceed to the trial thereof, where the indictment had been wrongfully quashed by the trial court before a jury was impaneled on the ground that the indictment was bad because the grand jury returning such indictment was illegally constituted. In that case this court held the question of whether the grand jury was an illegal grand jury, and therefore the indictment void, was a preliminary question, and that this court could order the trial court to reinstate the case and proceed with the trial of it. That case, we think, is the same in principle as the one now before us. Here the court below held the complaint bad for want of sufficient facts, and there because of illegality of grand jury. In each case, before entering upon the trial, the court passed upon the validity of the indictment, or, to be accurate, in the [438]*438one case the complaint and in the other the indictment, and the question is whether an erroneous ruling that the indictment or complaint is had for want of sufficient facts can be reviewed by this court in a proper case under its power of superintending control.

It will be observed under the rule laid down in the cases before cited, and especially in State ex rel. Fourth Nat. Bank v. Johnson, 103 Wis. 591, 19 N. W. 1081, that power always exists when an inferior court “either refuses to act within its jurisdiction or acts beyond its jurisdiction to the serious prejudice of the citizen” and there is no other adequate remedy. Does the quashing of a valid indictment charging an offense known to the law and refusal to proceed to the trial of the accused for the offense charged amount to a refusal to act within its jurisdiction? As we have seen, this court held that it was where the ground upon which the indictment was quashed involved a preliminary question, namely, defect in impaneling the jury, and no other adequate remedy existed (State ex rel. McGovern v. Williams, ante, p. 1, 116 N. W. 225), and it was said:

“That the act of the circuit court is a refusal to exercise its jurisdiction and perform its duty to consider the criminal charge against the accused seems too plain for discussion.”

So we come to the question before us, whether, in the absence of other adequate remedy, this court has power to compel the trial court to assume jurisdiction of a criminal action after it has quashed a good complaint upon the ground that it did not charge an offense. We see no difference in principle between the two cases, hence we think the doctrine laid down in State ex rel. McGovern v. Williams, supra, rules this case. The fact that it becomes necessary to review judicial action of an inferior court is no insuperable obstacle to the exercise of the power of superintending control in a proper case. Slate ex rel. Fourth Nat. Bank v. Johnson, [439]*439103 Wis. 591, 623, 19 N. W. 1081; State ex rel. Milwaukee v. Ludwig, 106 Wis. 226, 234, 82 U. W. 158; State ex rel. Winchell v. Circuit Court, 116 Wis. 253, 93 N. W. 16; State ex rel. McGovern v. Williams, supra. True, the rule is laid down generally in the text-hooks and decisions of the courts to the effect that mandamus issued under the power of superintending control cannot he used to serve the purpose of a writ of error to review judicial action of the trial court. State ex rel. McGovern v. Williams, supra; High, Extr. Leg. Hem. (3d ed.) § 188; State ex rel. Oshkosh, A. & B. W. R. Co. v. Burnell, 104 Wis. 246, 80 U. W. 460; State ex rel. Fourth Nat. Bank v. Johnson, supra. But this general rule, like all others, is subject’to its limitations, and it is only necessary to refer here to such as apply to the case before us.

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Cite This Page — Counsel Stack

Bluebook (online)
118 N.W. 158, 136 Wis. 432, 1908 Wisc. LEXIS 253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-umbreit-v-helms-wis-1908.