17 Wis. 521 | Wis. | 1863
By the Court,
The only question presented by this record is, whether Judge Messmore ^was a de facto judge, so as to render his acts of trying and sentencing the defendant in error valid and binding. This point has already been decided in the affirmative, in the case of Bridget Boyle, 9 Wis., 264. It is impossible to distinguish this case from the question involved in that case, and therefore the order of the county judge, discharging the defendant in error from imprisonment, must be reversed.
We deem it necessary and proper on this occasion to call the attention of officers authorized to inquire on habeas corpus into the cause of detention or imprisonment of a party, to section 21, chap. 158, R. S. It will be seen that this section requires, the officer, whenever the testimony shows that the person applying to be discharged has committed an offense, not to
The order of the county judge, discharging Bloom from imprisonment, is reversed.