Legal Opinion

State ex rel. Hasbrouck v. City of Milwaukee

Wisconsin Supreme Court

Decided September 15, 1867PublishedCited by 2 opinions

Motion to quash an alternative mandamus. The form of the mandate will appear from the opinion.

1Opinion of the CourtCole, J.

A motion is made to quash the alternative writ on various grounds, only one of which we deem it necessary to notice.

It is objected that the writ does not specify any particular duty to be performed, hut states several acts, and commands the respondents to perform one or the other of them, without designating which one they are required to perform.

The rule seems to he -well settled, that the mandatory clause of the writ should expressly state the duty required of the defendant. Tapping on Mandamus, *327; State v. The Supervisors of Beloit, 20 Wis., 80. Here the command is, that the defendant pay…

2Cited by2 opinions

  1. State ex rel. Good v. JohnIndiana Supreme Court · 1908
  2. State ex rel. Jeffries v. Trustees of Town of PacificSupreme Court of Missouri · 1875

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API