State ex rel. Mueller v. Thompson
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Milwaukee county: W. J. TueNeb, Circuit - Judge. Mandamus proceeding to coerce tbe clerk of tbe city of Milwaukee to submit to its electors, under cb. 476, Laws of 1911, a proposed alteration of tbe city charter. Tbe purpose of sucb alteration was to allow tbe city to conduct tbe business of furnishing its citizens with ice.
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Appeal from an order of tbe circuit court for Milwaukee county: W. J. TueNeb, Circuit - Judge. Mandamus proceeding to coerce tbe clerk of tbe city of Milwaukee to submit to its electors, under cb. 476, Laws of 1911, a proposed alteration of tbe city charter. Tbe purpose of sucb alteration was to allow tbe city to conduct tbe business of furnishing its citizens with ice. All conditions precedent in tbe law to calling a special election in respect to tbe matter of tbe proposed change were satisfied, but tbe clerk refused to make the call. Whereupon an alternative writ of mandamus was sued out…
1ConcurrenceTimlin, J.
The order does not prevent a judgment from which an appeal might be taken nor is it the final order in a special proceeding, but it may, I think, be considered an order overruling a demurrer. Sec. 3069, Stats. (1898) ; State ex rel. Neeves v. Wood Co. 41 Wis. 28; Flannigan v. Lindgren, 122 Wis. 445, 100 N. W. 818. Attempting to act under ch. 416, Laws of 1911, the common council of the city of Milwaukee, by a two-thirds vote of its members, adopted a resolution that:
“The charter of the city of Milwaukee is hereby altei*ed and amended by adding to ch. 4 thereof a new subdivision which shall…
2Cases cited50 opinions
- United States v. New OrleansSupreme Court of the United States · 1879
- Ewing v. HoblitzelleSupreme Court of Missouri · 1884
- Straw v. HarrisOregon Supreme Court · 1909
- Ex Parte BraunCalifornia Supreme Court · 1903
- Kansas City v. Marsh Oil Co.Supreme Court of Missouri · 1897
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