United States ex rel. Noyes v. Hatch
Wisconsin Supreme Court
This was a motion for a mandamus. Both the relator and the respondent claim to be register of the board of commissioners of the Milwaukee and Rock River Canal Company, and the case was brought before this court to test the right to the office.
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This was a motion for a mandamus. Both the relator and the respondent claim to be register of the board of commissioners of the Milwaukee and Rock River Canal Company, and the case was brought before this court to test the right to the office. The affidavit of the relator states, that on the 22d day of February, 1842, he was appointed by the governor, register of the board of commissioners of the Milwaukee and Eock Eiver Canal Company, and commissioned until the end of the next session of the legislature. That on the 13th of March he took the oath and gave the bond required by law, which bond…
1Opinion of the CourtMiller, J.
This is an application for a mandamus, to compel the respondent to deliver over to the relator the books, records and papers, in, and pertaining to the office of register of the board of canal commissioners of the Milwaukee and Rock River canal. It is in reality a contest between the governor and legislature of th.e Ter*187ritory, respecting the power of appointing the said commissioners ; and it has received from the conrt the deliberation and research demanded by the dignity of the parties and the great importance of the question.
By an act of congress, approved June 18, 1838, entitled “An act…
2Cases cited5 opinions
- Eakin v. RaubSupreme Court of Pennsylvania · 1825
- Shepherd v. CommonwealthSupreme Court of Pennsylvania · 1814
- Commonwealth v. DouglassSupreme Court of Pennsylvania · 1803
- Commonwealth ex rel. Bache v. BinnsSupreme Court of Pennsylvania · 1828
- Dunwoodie v. ReedSupreme Court of Pennsylvania · 1817
3Cited by11 opinions
- State ex rel. Wisconsin Development Authority v. DammannWisconsin Supreme Court · 1938
- State ex rel. Zimmerman v. DammannWisconsin Supreme Court · 1930
- Board of County School Commissioners v. GoldsboroughCourt of Appeals of Maryland · 1899
- Ricker's PetitionSupreme Court of New Hampshire · 1890
- Oceanographic Commission v. O'BrienWashington Supreme Court · 1968
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