State ex rel. Buchanan v. Kellogg
Wisconsin Supreme Court
Appeal from a judgment of tbe county court of Winnebago county: C. D. ClevelaNd, Judge. Tbe case is stated in the opinion. They contended that the determination of the question whether the charges against the saloon keeper were true required the exercise on the part of the common council of official judgment and discretion. It was not a ministerial duty, and could not be controlled by mandamus. State ex rel. 0., 0. <$s G. R. Go. v. Whitesides, 3 L. R. A. 777; High, Extr.
Read the full summary
Appeal from a judgment of tbe county court of Winnebago county: C. D. ClevelaNd, Judge. Tbe case is stated in the opinion. They contended that the determination of the question whether the charges against the saloon keeper were true required the exercise on the part of the common council of official judgment and discretion. It was not a ministerial duty, and could not be controlled by mandamus. State ex rel. 0., 0. <$s G. R. Go. v. Whitesides, 3 L. R. A. 777; High, Extr. Leg. Rem. §§ 24, 34, 42, 47, 238; 14 Am. & Eng. Ency. of Law, 141; People ex rel. Willing v. Meahin, 56 Hun, 626; People ex…
1Opinion of the Court
The following opinion was filed February 23, 1897:
Cassoday, C. J.
This is an application for a writ of mandamus to compel the mayor and, common council of Oshkosh to revoke a license held by one August Kargus for selling intoxicating liquor. The essential allegations in the alternative writ are to the effect that during the times mentioned the relator was a resident, freeholder, and taxpayer in Oshkosh; that she was the mother of two minor boys, one twenty and the other seventeen years of age; that the mayor and the twenty-six aldermen, named therein, were each and all duly elected and duly…
2Cases cited16 opinions
- The Chateaugay Ore & Iron Co.Supreme Court of the United States · 1888
- Illinois State Board of Dental Examiners v. People ex rel. CooperIllinois Supreme Court · 1887
- Ex Parte Martha Bradstreet in the Matter of James Jackson Ex Dem. Martha Bradstreet v. Daniel ThomasSupreme Court of the United States · 1830
- Zanone v. Mound CityIllinois Supreme Court · 1882
- State ex rel. Comstock v. Joint School District No. 1 of ArcadiaWisconsin Supreme Court · 1886
11 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- State ex rel. Fourth National Bank of Philadelphia v. JohnsonWisconsin Supreme Court · 1899
- State ex rel. Milwaukee Medical College v. ChittendenWisconsin Supreme Court · 1906
- State ex rel. Risch v. Board of Trustees of the Policemen's Pension FundWisconsin Supreme Court · 1904
- State ex rel. Milwaukee County v. BuechWisconsin Supreme Court · 1920
- Dillon v. BareWest Virginia Supreme Court · 1906
13 more not listed; retrieve them via the Exa API.