City of Milwaukee v. Simons
City of Milwaukee v. Simons
Opinion of the Court
The police court of the city of Milwaukee, in which the proceedings were had and judgment entered which the city seeks to have reviewed on writ of error, was created by ch. 6, Laws of 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 sec. 16, which is as follows: “ Every person convicted before said police court may appeal from the sentence or judgment against him to the municipal court of said city and county of Milwaukee, within the same time and manner as is now provided by law for appeals in criminal cases from justices of the peace of the county of Milwaukee. Said municipal court is empowered to hear, try and determine such appeals, and all provisions of law relating to appeals in criminal cases from justices’ courts, and the trial and determination thereof, shall apply to appeals from said police court to the municipal court.”
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 the plaintiff in error relies upon Milwaukee v. Gross, 21 Wis. 241. The judgment in that case was rendered
Erom the foregoing it is obvious that judgments rendered in the police court for the city of Milwaukee canhot be taken directly to this court for review on appeal or writ of error. Hence, the writ of error herein was improvidently granted, and must be dismissed.
By the Court.— The writ of error is dismissed.
Reference
- Full Case Name
- City of Milwaukee, in error v. Simons and another, in error
- Cited By
- 1 case
- Status
- Published