State ex rel. Spaulding v. Elwood
Wisconsin Supreme Court
WRIT OR MANDAMUS. The alternative writ of mandamus which was issued in this case, set forth that the relator, Benjamin B. Spaulding, presented to the respondent, G. DeWitt Elwood, who was the register of deeds of Green Lake county, a deed for registration, which Elwood refused to record, and endorsed thereon the following: “I acknowledge that this deed has to-day been presented for recording in this office,, by Benj.
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WRIT OR MANDAMUS. The alternative writ of mandamus which was issued in this case, set forth that the relator, Benjamin B. Spaulding, presented to the respondent, G. DeWitt Elwood, who was the register of deeds of Green Lake county, a deed for registration, which Elwood refused to record, and endorsed thereon the following: “I acknowledge that this deed has to-day been presented for recording in this office,, by Benj. B. Spaulding, and sufficient fees tendered,-and I have refused recording the same for the reason, that said land is not situated in this county. Office of register of deeds,…
1Opinion of the Court
By the Court,
Coee, J.
This is a motion to quash an alternative writ of mandamus, issued herein, requiring the respondent to record a certain deed mentioned in the relation, and to vacate and discharge the same,upon the grounds:
1st. That the act of the legislature mentioned in the said writ is unconstitutional.
2d. That said act is inoperative.
3d. That it appears upon the face of. said writ that the relator is not entitled to the relief sought.,4th. That sufficient facts are not set forth in the writ to • entitle the relator to the relief sought.
5th. That the writ is informal and insufficient..
Th…
2Cited by12 opinions
- State ex rel. Bolens v. FrearWisconsin Supreme Court · 1912
- Stone v. City of CharlestownMassachusetts Supreme Judicial Court · 1873
- Town of Burke v. City of MadisonWisconsin Supreme Court · 1962
- State v. WiedmeyerCourt of Appeals of Wisconsin · 2016
- State ex rel. Redenius v. WaggensonWisconsin Supreme Court · 1909
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