Moore v. Superior & St. Croix Railroad
Wisconsin Supreme Court
CERTIORARI go tbe Judge of tbe Eleventh Judicial Circuit. The case is’stated in tbe opinion. 1. The common law certiorari is tbe proper remedy in this case. The proceeding sought to be reviewed is one of a summary character, out of the course of the common law, and there can be no direct review of the determination of the circuit judge except upon this writ.
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CERTIORARI go tbe Judge of tbe Eleventh Judicial Circuit. The case is’stated in tbe opinion. 1. The common law certiorari is tbe proper remedy in this case. The proceeding sought to be reviewed is one of a summary character, out of the course of the common law, and there can be no direct review of the determination of the circuit judge except upon this writ. By an appeal from an award of the commissioners, their right to act would be conceded, and the only question on such appeal would be as to the correctness of their judgment. Milwaukee Iron Co. v. Schubel, 29 Wis., 444; Redf. on R. W. (2d…
1Opinion of the CourtLyon, J.
A writ of certiorari was issued out of this court to the judge of the eleventh judicial circuit, to bring here for review certain proceedings had before him on the petition of ■ the defendant in error, which proceedings resulted in the appointment by said judge of commissioners to estimate and appraise the *176damages caused by the taking, for railroad purposes, of certain lands belonging to the plaintiffs in error.
The petition appears to be substantially in tbe form prescribed by the charter of the defendant in error (P. & L. Laws of 1870, ch. 326, sec. 14), but is not, either in form or…
2Cases cited1 opinion
- Burlander v. Milwaukee & St. Paul R. R.Wisconsin Supreme Court · 1870
3Cited by6 opinions
- Lyon v. Green Bay & Minnesota Railway Co.Wisconsin Supreme Court · 1877
- Holley v. Town and Borough of TorringtonSupreme Court of Connecticut · 1893
- Sherman v. Milwaukee, Lake Shore & Western RailroadWisconsin Supreme Court · 1876
- Allaby v. Mauston Electric Service Co.Wisconsin Supreme Court · 1908
- Bohlman v. Green Bay & Minnesota Railway Co.Wisconsin Supreme Court · 1876
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