State ex rel. Treat v. Hammel
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Outagamie county: JohN GoodlaND, Circuit Judge. In November, 1906, the city of Appleton voted Herman Bach a license to sell intoxicating liquors for the remainder of the year ending the first Tuesday in July, 1907, he paying therefor $133.33.. On December 5, 1906, application was made to the common council for the revocation of his license for the selling of a glass of beer to a minor on that day.
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Appeal from an order of tbe circuit court for Outagamie county: JohN GoodlaND, Circuit Judge. In November, 1906, the city of Appleton voted Herman Bach a license to sell intoxicating liquors for the remainder of the year ending the first Tuesday in July, 1907, he paying therefor $133.33.. On December 5, 1906, application was made to the common council for the revocation of his license for the selling of a glass of beer to a minor on that day. The application was referred to the city attorney, and, on his report to the common council that the application stated a good cause of action, Bach was…
1Opinion of the Court
SiEBECKER, J".
Tbis is an application for a writ of mandamus to compel the revocation of a license to deal in intoxicating liquors. To entitle a party to snob relief it must appear tbat tbe relief asked for can be enforced by tbe writ. Tbe writ will not issue if it is too late to be available as a remedy to enforce tbe right alleged to bave been violated. State ex rel. Smith v. Drake, 83 Wis. 257, 53 N. W. 496; State ex rel. Gold v. Secrest, 33 Minn. 381, 23 N. W. 545; 13 Ency. Pl. & Pr. 493, 494, note 1. In tbis case it is apparent tbat tbe license wbicb it is sought to bave tbe common…
2Cases cited5 opinions
- State ex rel. Runge v. AndersonWisconsin Supreme Court · 1898
- State ex rel. Henshall v. LudingtonWisconsin Supreme Court · 1873
- State ex rel. Smith v. DrakeWisconsin Supreme Court · 1892
- State v. FisherWisconsin Supreme Court · 1873
- State ex rel. Gold v. SecrestSupreme Court of Minnesota · 1885
3Cited by9 opinions
- State ex rel. Conlin v. Mayor of WausauWisconsin Supreme Court · 1908
- Smith v. City of WhitewaterWisconsin Supreme Court · 1947
- Bjordal v. Town BoardWisconsin Supreme Court · 1939
- State ex rel. Burke v. HinkelWisconsin Supreme Court · 1911
- Williams v. City of Lake GenevaCourt of Appeals of Wisconsin · 2002
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