State ex rel. Hawley v. County Board of Supervisors
Wisconsin Supreme Court
APPEAL from the Circuit Court for Polh County. This is an appeal from an order overruling a demurrer to the return of the respondents to an alternative writ of mandamus issued to compel a meeting of the county board of supervisors of Polk county to consider petitions that bad been submitted in respect to the question of removal of the county seat of that county from Osceola to Amery to the qualified voters as required by law, and to receive and count as upon petition in…
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APPEAL from the Circuit Court for Polh County. This is an appeal from an order overruling a demurrer to the return of the respondents to an alternative writ of mandamus issued to compel a meeting of the county board of supervisors of Polk county to consider petitions that bad been submitted in respect to the question of removal of the county seat of that county from Osceola to Amery to the qualified voters as required by law, and to receive and count as upon petition in favor of such submission the names appearing, on a certain petition referred to in said writ, as well as 147 names on a…
1Opinion of the CourtPenney, J.
1. The county board of supervisors, in receiving and acting upon the petition for submission to a vote of the electors of the county of the question of the removal of the county seat, under sec. 655, S. & B. Ann. Stats., exercise powers of an administrative character, but do not act in any proper sense in a judicial capacity, although, as in the case of many other public bodies and officers, it becomes necessary for them to pass upon and determine questions of fact in exercising their legitimate functions. They do not proceed after the manner of judicial tribunals, or use .any set form or…
2Cases cited3 opinions
- State ex rel. Cothren v. LeanWisconsin Supreme Court · 1859
- La Londe v. Board of SupervisorsWisconsin Supreme Court · 1891
- Ayres v. MoanNebraska Supreme Court · 1892
3Cited by18 opinions
- Littell v. Board of SupervisorsIllinois Supreme Court · 1902
- State v. EricksonSupreme Court of Connecticut · 1926
- Sim v. RosholtNorth Dakota Supreme Court · 1907
- Town of Blooming Grove v. City of MadisonWisconsin Supreme Court · 1948
- State ex rel. Buchanan v. KelloggWisconsin Supreme Court · 1897
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