State ex rel. Sweet v. Cunningham
Wisconsin Supreme Court
MANDAMUS to the Commissioners of the Public Lands. The relation sets out that on June 5, 1893, the relators made application, in the manner required by law, for the purchase at private sale of certain school and swamp lands therein described; that said lands were then subject to entry at private sale; and that the application was refused by the commissioners.
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MANDAMUS to the Commissioners of the Public Lands. The relation sets out that on June 5, 1893, the relators made application, in the manner required by law, for the purchase at private sale of certain school and swamp lands therein described; that said lands were then subject to entry at private sale; and that the application was refused by the commissioners. The return of the commissioners to the alternative writ states that a part of these lands had been withdrawn from sale and reserved for a state park by -ch. 324, Laws of 1818; that all of said lands had been withdrawn from sale by an…
1Opinion of the Court
The following opinion was filed January 30, 1894:
NewhaN, J.
The question of law arising upon the facts found is, Were these lands subject to private sale at the time when the relators made application to buy them?
Probably ch. 324, Laws of 18J8, which declared these lands to be dedicated and set apart for a state park and forbids their further sale, has very little influence upon the question. These lands mostly belong to the school fund *83of the state. The school fund is a trust fund, and is placed by the constitution beyond the power of the legislature to divert it to any other use than the…
2Cases cited9 opinions
- Smith v. . the PeopleNew York Court of Appeals · 1872
- State ex rel. Kennedy v. BrunstWisconsin Supreme Court · 1870
- State ex rel. Crawford v. HastingsWisconsin Supreme Court · 1860
- The People v. . AllenNew York Court of Appeals · 1870
- Lynch v. The Steamer "Economy"Wisconsin Supreme Court · 1870
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3Cited by14 opinions
- State ex rel. Attorney General v. DonaldWisconsin Supreme Court · 1915
- Ex parte CorlissNorth Dakota Supreme Court · 1907
- Galusha v. WendtSupreme Court of Iowa · 1901
- State ex rel. Davis & Starr Lumber Co. v. PorsWisconsin Supreme Court · 1900
- State ex rel. Gubbins v. AnsonWisconsin Supreme Court · 1907
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