Legal Opinion

State ex rel. Hathaway v. Mirlach

Wisconsin Supreme Court

Decided April 5, 1921PublishedCited by 4 opinions

Appeal from an order of the circuit court for Dodge county: Oscar M. Fritz, Judge. The appeal is from an order quashing an alternative writ of mandamus issued by the court. The plaintiffs in this action constitute the local board of industrial education of the city of Beaver Dam, Wisconsin. Upon verified petition an alternative writ of mandamus was issued commanding the defendants, the mayor and city council of Beaver Dam, to levy and collect a tax of 1.5 mills.

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Appeal from an order of the circuit court for Dodge county: Oscar M. Fritz, Judge. The appeal is from an order quashing an alternative writ of mandamus issued by the court. The plaintiffs in this action constitute the local board of industrial education of the city of Beaver Dam, Wisconsin. Upon verified petition an alternative writ of mandamus was issued commanding the defendants, the mayor and city council of Beaver Dam, to levy and collect a tax of 1.5 mills. The defendants moved to quash the writ, and, upon motion, the plaintiffs were allowed to amend the petition and writ, setting forth,…

1Opinion of the CourtSiebecker, C. J.

Did the circuit court err in quashing the writ of mandamus? The petition alleges that the re-lators are the local board of industrial education for the city of Beaver Dam and that this board, under the provisions of secs. 41.13 to 41.21, Stats., at a regular meeting determined what amount the vocational school of the city of Beaver Dam required for the fiscal school year of 1920-1921 to support and maintain it. The board reported to the common council of the city that the sum of $14,361.66 would be required for this purpose and for the purchase of necessary additions to school sites, building…

2Cases cited1 opinion

  1. State ex rel. Runge v. AndersonWisconsin Supreme Court · 1898

3Cited by4 opinions

  1. State ex rel. Board of Education v. City of RacineWisconsin Supreme Court · 1931
  2. Smith v. City of WhitewaterWisconsin Supreme Court · 1947
  3. H. Schmitt & Son, Inc. v. City of MilwaukeeWisconsin Supreme Court · 1924
  4. State ex rel. Strike v. Common CouncilWisconsin Supreme Court · 1930

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