61 Wis. 351 | Wis. | 1884
The objection that the circuit court had no power to compel by mandamus the justice to correct his
The writ has also frequently been granted to compel inferior courts or judges to settle and sign bills of exceptions, because the act of signing such exceptions is considered ministerial in its character and hence subject to control. See State ex rel. Spaulding v. Gale, 7 Wis. 693; State ex rel. Roe v. Noggle, 13 Wis. 380; State ex rel. Judd v. Noggle, 16 Wis.
It is further objected that the affidavits upon which the order to show cause was granted did not make a prima facie case, nor show that the justice had in fact committed any error in making his entries. But this position is not sustained by the papers on which the order is based. The affidavits show that the justice failed to make an entry in his docket adjourning the case of Head v. Marsh from May 16th to May 23d, and from May 23d to June 2d, at the time these adjournments were severally made, but did make such entries on the morning of the 2d of June. The statute required the justice to enter these adjournments when made, stating the time and place to which the cause was adjourned. If he failed to make such entries at the proper time he lost jurisdiction of the cause. Brahmstead v. Ward, 44 Wis. 591.
But it is further claimed that the circuit court erred in awarding a peremptory writ directing the justice to correct his docket entries without giving the plaintiff, Head, notice
By the Court.— The order of the circuit court awarding a peremptory writ of mandamus commanding the justice to vacate and expunge from his record the docket entries specified, is reversed, and the cause is remanded for further proceedings according to law.