Miller v. Smith

This is a review of a writ of mandamus issued by the HON. WILLIAM F. EICH in the circuit court for Dane county directing the state treasurer to pay a default judgment entered against John Doe, an unknown employee of the state, in the Milwaukee county circuit court. The court denied the treasurer, Smith’s, motion to dismiss the respondent, Miller’s, petition for the writ (quash the alternative writ) and issued a peremptory writ of mandamus. The issuance of the peremptory writ forms the basis for this appeal and the case is before this court on certification.

On August 19, 1974, Linda Miller,…