State v. Marcus

Counsel for the respondent contends that even if the order of May 2, 1950, directing the defendant, as commissioner of the motor vehicle department, to issue the occupational license to Gerhard were erroneous (which counsel vigorously denies), nevertheless, it was the duty of the defendant to obey such order and his refusal to do so subjected him to punishment for contempt. As authority for such decision he cites the decision of this court in State ex rel. Attorney General v. Fasekas, 223 Wis. 356, 269 N. W. 700, written by Mr. Chief Justice Rosenberry, wherein it was stated (p. 358) :

“The…