State ex rel. Court of Honor of Illinois v. Giljohann
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county: R. G-. Siebecxeb, Circuit Judge. On March 6,1901, the relator obtained from the trial court an alternative writ of mandamus, requiring the defendant,, as insurance commissioner, to show cause why he should not issue to it a license in due form of law, under and according to the terms and provisions of sec. 1955 On March 8, 1901, the defendant made return to such writ, and, among other things, alleged that February…
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Appeal from a judgment of the circuit court for Dane county: R. G-. Siebecxeb, Circuit Judge. On March 6,1901, the relator obtained from the trial court an alternative writ of mandamus, requiring the defendant,, as insurance commissioner, to show cause why he should not issue to it a license in due form of law, under and according to the terms and provisions of sec. 1955 On March 8, 1901, the defendant made return to such writ, and, among other things, alleged that February G, 1901, he gave to the relator his reasons for refusing such application, to the effect that the Fraternal Congress, of…
1Opinion of the Court
Gassoday, O. J.
Counsel for the relator contends 'that the defendant could not appeal from the order and judgment quashing both returns and awarding a peremptory writ of mandamus. One ground of such contention is that it is a judgment, and not an order. This court has treated the awarding of such writ as a judgment, and also referred to it as an order or judgment. State ex rel. Voight v. Hoeflinger, 31 Wis. 251, 260, 264; Rork v. Smith, 55 Wis. 67; State ex rel. Taylor v. Delafield, 64 Wis. 218; State ex rel. Star Prairie v. St. Croix Co. 83 Wis. 340, 343, 344, 348. If allowed to stand, it…
2Cases cited12 opinions
- State ex rel. Fourth National Bank of Philadelphia v. JohnsonWisconsin Supreme Court · 1899
- State ex rel. Cothren v. LeanWisconsin Supreme Court · 1859
- Davies v. CorbinSupreme Court of the United States · 1884
- Freeman v. FreemanWisconsin Supreme Court · 1872
- State ex rel. Buchanan v. KelloggWisconsin Supreme Court · 1897
7 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State ex rel. Milwaukee Medical College v. ChittendenWisconsin Supreme Court · 1906
- State ex rel. Wagner v. DahlWisconsin Supreme Court · 1909
- State Ex Rel. Tiner v. Milwaukee CountyWisconsin Supreme Court · 1977
- State ex rel. City of Baraboo v. PageWisconsin Supreme Court · 1930
- State ex rel. Wember v. KingstonWisconsin Supreme Court · 1934