Legal Opinion

State ex rel. Knowlton v. Williams

Wisconsin Supreme Court

Decided July 1, 1856PublishedCited by 49 opinions

ON tbe 14th day of May, 1856, James H. Knowlton, the relator, in propria persona, filed in this court a motion for an alternative mandamus directed to John K. Williams, the respondent, commanding him to hold his office of clerk of the Circuit Court, in and for the county of La Payette, at the village of Shulls-Teurg, in said county, the county seat thereof, “ or show cause why he doth not do so,” on a day to be designated by the court; which motion was supported by the…

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ON tbe 14th day of May, 1856, James H. Knowlton, the relator, in propria persona, filed in this court a motion for an alternative mandamus directed to John K. Williams, the respondent, commanding him to hold his office of clerk of the Circuit Court, in and for the county of La Payette, at the village of Shulls-Teurg, in said county, the county seat thereof, “ or show cause why he doth not do so,” on a day to be designated by the court; which motion was supported by the affidavit of the relator, filed simultaneously therewith, setting forth, among other things, the grounds of said motion and…

1Opinion of the Court

By the Court,

Whitoít, C. J.

The matters principally relied upon by the relator, to sustain his demurrer to the return of the respondent to the alternative writ of mandamus, are, 1st, That the act to provide for the removal of the county seat of La Eayette county, never became a law, for the reason that it was not approved by the governor of the state; nor passed by the Senate and Assembly by the requisite number of votes, after the bill was returned to the house in which it originated, by the governor, with his objections thereto. 2d. That the act provides for the removal of the county seat…

2Cited by49 opinions

  1. Waite v. Santa CruzSupreme Court of the United States · 1902
  2. Board of Auditors v. BenoitMichigan Supreme Court · 1870
  3. State ex rel. Cothren v. LeanWisconsin Supreme Court · 1859
  4. Carleton v. PeopleMichigan Supreme Court · 1862
  5. State v. . LewisSupreme Court of North Carolina · 1890

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