Legal Opinion

Attorney General ex rel. Cushing v. Lum

Wisconsin Supreme Court

Decided December 15, 1853PublishedCited by 9 opinions

APPLICATION POR MANDAMUS. The statement of this case will he sufficiently ob-in the facts set forth in the opinion of the , COUl't.

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APPLICATION POR MANDAMUS. The statement of this case will he sufficiently ob-in the facts set forth in the opinion of the , COUl't. The return of the respondent states that at the April term of the Dane County Circuit Court, the solicitors of Cushing demanded of respondent a writ of assistance, which demand was in writing ; that respondent presented the same to Hon. Levi Hubbell, judge of said circuit, together with the eighth rule of chancery practice, and ashed of said judge for direction in the matter; that said judge informed respondent that he (the judge) should make some order in the…

1Opinion of the Court

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Smith, J.

This is an application for a mandamus to the clerk of the Circuit Court of Dane county, to command him to issue a writ of assistance in the case of William S. Hungerford, against Caleb Cushing and others.

As this writ only issues to enforce a specific legal right, and as the propriety of its issuing in this case depends, and this application is based upon, an alleged specific right already determined, the two justices who have heretofore declined to sit in, and participate in the case of Hungerford against Cushing, when the rights of the respective parties touching the…

2Cited by9 opinions

  1. Ott v. BoringWisconsin Supreme Court · 1907
  2. Pringle v. DunnWisconsin Supreme Court · 1876
  3. Rogers v. HœnigWisconsin Supreme Court · 1879
  4. Lowell v. Ball, Hutchings & Co.Texas Supreme Court · 1883
  5. Home Insurance v. SchefferSupreme Court of Minnesota · 1867

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