State ex rel. Crampton v. Commissioners of School & University Lands
Wisconsin Supreme Court
APPLICATION for a writ of Mandamus. On tbe 4tb of March, 1859, tbis court, on tbe application of tbe relator, granted an alternative writ of mandamus directed to tbe commissioners of school .and university lands, commanding them to execute to the relator certificates of sale for several tracts of land described in the writ, or show . cause, &c.
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APPLICATION for a writ of Mandamus. On tbe 4tb of March, 1859, tbis court, on tbe application of tbe relator, granted an alternative writ of mandamus directed to tbe commissioners of school .and university lands, commanding them to execute to the relator certificates of sale for several tracts of land described in the writ, or show . cause, &c. From the papers now on file in the cause it appears that on the 22d of the same month the commissioners filed their return to the writ. The facts alleged in the relation and return will appear from the opinion of the court. The relator filed an answer…
1Opinion of the Court
By the Court,
Cole, J.
This cause is argued by counsel, in their written arguments, on the hypothesis that a motion to quash the alternative writ has been filed and is now pending in this case. We can find no such motion on file, and the records of the clerk do not show that any such motion was ever made. However, if any such motion was made, in view of the matters set forth in the relation and alternative writ, it would have to be denied. For assuming all the matters set forth in the writ and relation to be true, as a motion to quash necessarily concedes, they show a good and valid sale of the…
2Cases cited1 opinion
- Krebs v. DodgeWisconsin Supreme Court · 1859
3Cited by2 opinions
- Western Indemnity Co. v. Indus. Acc. Com.California Supreme Court · 1920
- Baldwin v. ElyWisconsin Supreme Court · 1886