MAIER v. BYRNES

No. 84-663.

121 Wis.2d 258 (1984)

358 N.W.2d 833

Charles P. MAIER, Plaintiff-Appellant, v. Judge John J. BYRNES, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided October 24, 1984.


Attorney(s) appearing for the Case

For the plaintiff-appellant, the cause was submitted on the briefs of Charles P. Maier, pro se, of East Troy.

For the defendant-respondent, the cause was submitted on the brief of Bronson C. La Follette, attorney general, and Daniel S. Farwell, assistant attorney general.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.


NETTESHEIM, J.

Dr. Charles P. Maier appeals from an order granting summary judgment in favor of Judge John J. Byrnes in a small claims action commenced pursuant to sec. 782.09, Stats., which imposes a statutory penalty of $1,000 against a judge who refuses to grant a writ of habeas corpus.

On September 28, 1983, Dr. Maier was arrested and jailed for alleged traffic offenses.1 At approximately...

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