State ex rel. Leiser v. Koch
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: LaweeNCe W. Halsey, Circuit Judge. The judgment appealed from awarded to the relator a peremptory writ of mandamtbs commanding the building inspeo tor of Milwaukee to issue a permit for the alteration of a certain building in said city. It followed an order sustaining a demurrer to the return to the alternative writ. They cited, among other authorities, Laws of 1887 (vol.
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Appeal from a judgment of the circuit court for Milwaukee county: LaweeNCe W. Halsey, Circuit Judge. The judgment appealed from awarded to the relator a peremptory writ of mandamtbs commanding the building inspeo tor of Milwaukee to issue a permit for the alteration of a certain building in said city. It followed an order sustaining a demurrer to the return to the alternative writ. They cited, among other authorities, Laws of 1887 (vol. II), ch. 459; Milwaukee I. Co. v. Schubel, 29 Wis. 444; Stale ex rel. Heller v. Lawler, 103 Wis. 460, 79 N. W. 777; State ex rel. Buchanan v. Kellogg, 95 Wis.…
1Dissent
The following opinion was filed March 2, 1909:
Marshall, J.
(dissenting)'. I have to dissent in this case. It is conceded by my brethren that if there is an ordinance in the city of Milwaukee making it mandatory upon the building inspector, in case of an application being presented to him for a building permit, such as was presented in-this case, to issue such permit, then there was a failure on the part of such inspector to perform a plain ministerial duty-giving cause for mandwrwus proceedings, such as were resorted to in order to compel performance, and if the existence-of such ordinance was…
2Cases cited10 opinions
- Emerson v. NashWisconsin Supreme Court · 1905
- Miles v. Mutual Reserve Fund Life Ass'nWisconsin Supreme Court · 1901
- Morse v. GilmanWisconsin Supreme Court · 1863
- South Milwaukee Co. v. MurphyWisconsin Supreme Court · 1902
- Stittgen v. RundleWisconsin Supreme Court · 1898
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