State ex rel. Kellogg v. Gary
Wisconsin Supreme Court
APPLICATION for a Writ of Prohibition. In July, 1872, the relator filed a petition in this court, which stated, in substance, that he left the -city of Oshkosh, in this state, on the 23d of January, 1871, to reside in the city of Chicago, in the state of Illinois; that on that day he removed his personal property to the last named city, and became, and for a long time thereafter was, a citizen thereof; that since said date he has not resided in the city of Oshkosh, nor in…
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APPLICATION for a Writ of Prohibition. In July, 1872, the relator filed a petition in this court, which stated, in substance, that he left the -city of Oshkosh, in this state, on the 23d of January, 1871, to reside in the city of Chicago, in the state of Illinois; that on that day he removed his personal property to the last named city, and became, and for a long time thereafter was, a citizen thereof; that since said date he has not resided in the city of Oshkosh, nor in the state of Wisconsin; that the assessor of Oshkosh, in making up his assessment roll for 1871, entered therein the name…
1Opinion of the Court
Dixon, O. J.
Counsel for the respondent objects that the writ of prohibition will not lie in this case, and insists that the same should be quashed. If the alternative writ was improvidently issued, and the relief sought by the relator is not obtainable in this form of proceeding, it follows that the objection must prevail, although not made until after the issues of fact joined have been tried, and the verdict of a jury taken and returned thereon. If the remedy is not the appropriate one, and *97no writ should be granted the objection may of course be raised at any time before final judgment,…
2Cases cited9 opinions
- Quimbo Appo v. . the PeopleNew York Court of Appeals · 1860
- Ex parte SmithSupreme Court of Alabama · 1853
- Milwaukee Iron Co. v. SchubelWisconsin Supreme Court · 1872
- Staples v. . FairchildNew York Court of Appeals · 1849
- Nazro v. Merchants' Mutual InsuranceWisconsin Supreme Court · 1861
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State Ex Relator McNamara v. ClarkCourt of Criminal Appeals of Texas · 1915
- Fleming v. CommissionersWest Virginia Supreme Court · 1888
- State ex rel. De Puy v. EvansWisconsin Supreme Court · 1894
- Muhler v. HedekinIndiana Supreme Court · 1889
- Kalbfell v. WoodSupreme Court of Missouri · 1906
9 more not listed; retrieve them via the Exa API.