State ex rel. Carpenter v. Supervisors of Beloit
Wisconsin Supreme Court
APPLICATION for a Mandamus. A rale having been granted in this cause, requiring the supervisors of the town of Beloit to show cause why they should not be compelled to levy a certain tax, Q harles Peck, as chairman of said board, answered that at the annual town meeting in April, 1865, one Ruble and one Parish were elected supervisors of said town; that each of them neglected and refused to qualify, and declined and refused to accept the office; that neither of them had…
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APPLICATION for a Mandamus. A rale having been granted in this cause, requiring the supervisors of the town of Beloit to show cause why they should not be compelled to levy a certain tax, Q harles Peck, as chairman of said board, answered that at the annual town meeting in April, 1865, one Ruble and one Parish were elected supervisors of said town; that each of them neglected and refused to qualify, and declined and refused to accept the office; that neither of them had since said election ever qualified, accepted or entered upon the discharge of the duties of said office, or acted or assumed…
1Opinion of the CourtDixon, C. J.
It is of the very essence of this proceeding that there be some officer or officers in being, having the power and whose duty it is to perform the act. If there be no such officers, it is obvious that the writ cannot go, nor the mandate of the court be enforced. It is conceded that the chairman alone cannot levy the tases; but it is claimed that the other two persons, elected, but who neglected to qualify, became supervisors de facto by virtue of such election, and can be compelled to act as such in the performance of the duty enjoined by the writ. To this point the case of Coles County v.…
2Cases cited1 opinion
- Coles County v. AllisonIllinois Supreme Court · 1860
3Cited by4 opinions
- Leach v. AitkenCalifornia Supreme Court · 1891
- State ex rel. City of Manitowoc v. GreenWisconsin Supreme Court · 1907
- State ex rel. Board of County Commissioners v. KirmanNevada Supreme Court · 1883
- State Ex Rel. Dunbar v. MayburyWashington Supreme Court · 1928