State ex rel. McKay v. Curtis
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county: E. Ray Stbvews, .Circuit Judge. This is an appeal from a judgment against the mayor and common coimcil of the city of Madison awarding a peremptory writ of manda/mus directing th'em to revoke the-retail liquor license of one Henry Niebuhr.
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Appeal from a judgment of the circuit court for Dane county: E. Ray Stbvews, .Circuit Judge. This is an appeal from a judgment against the mayor and common coimcil of the city of Madison awarding a peremptory writ of manda/mus directing th'em to revoke the-retail liquor license of one Henry Niebuhr. The defendants made return to the alternative writ, taking issue with the recitals therein, and the issues were tried before the court and findings made in substance as follows: (1) That the relators were residents and taxpayers of the city of Madison, and that the defendant Curtis was the mayor…
1Opinion of the CourtWinslow, J.
It must be considered as settled in this state that mandamus will lie to compel tbe common council of a city to revoke a liquor license in a case where, upon complaint duly made, tbe facts requiring such revocation are established beyond dispute. State ex rel. Buchanan v. Kellogg, 95 Wis. 672, 70 N. W. 300. It is argued that certiorari is a complete and adequate remedy, but this position is clearly untenable. Certiorari is a complete and adequate remedy for one who has been wrongfully deprived of bis license, because a reversal of tbe judgment of tbe council will have tbe effect of…
2Cases cited2 opinions
- State ex rel. Buchanan v. KelloggWisconsin Supreme Court · 1897
- State ex rel. Sullivan v. City of TomahWisconsin Supreme Court · 1891
3Cited by8 opinions
- State Ex Rel. Kurkierewicz v. CannonWisconsin Supreme Court · 1969
- Davis v. StateWisconsin Supreme Court · 1908
- State ex rel. Conlin v. Mayor of WausauWisconsin Supreme Court · 1908
- Rosenberg v. StateWisconsin Supreme Court · 1933
- State v. BrownWisconsin Supreme Court · 1910
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