Legal Opinion

State ex rel. City of New Richmond v. Davidson

Wisconsin Supreme Court

Decided June 19, 1902PublishedCited by 36 opinions

Mandamus to tie state treasurer. On December 17, 1901, the city of New Richmond applied for an original alternative writ of mandamus to command the respondent, as state treasurer, to act in obedience to eh. 286, Laws of 1901. The material parts of the petition are to the effect that the relator, by reason of distress to its citizens as-the result of a violent cyclone, borrowed from the trust funds-of the state, in 1899, $21,400, for which it is indebted; that-by the act of…

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Mandamus to tie state treasurer. On December 17, 1901, the city of New Richmond applied for an original alternative writ of mandamus to command the respondent, as state treasurer, to act in obedience to eh. 286, Laws of 1901. The material parts of the petition are to the effect that the relator, by reason of distress to its citizens as-the result of a violent cyclone, borrowed from the trust funds-of the state, in 1899, $21,400, for which it is indebted; that-by the act of legislature aforesaid, there was appropriated $21,400 out of any moneys in the state treasury for the relief of the city…

1Opinion of the Court

The following opinion was filed January 7, 1902:

Dodge, J.

The merits of the controversy have not been-at all considered upon the application for this alternative writ,, merely the propriety of this court assuming original jurisdiction to issue it. The policy and practice of this court on the subject of the exercise of its original jurisdiction have been so recently re-enunciated in In re Court of Honor, 109 Wis. 625, 85 N. W. 497, that reference to that case will suffice to define that policy in the main, and to indicate that several prior aberrations from the rule must not be considered' as…

2Cases cited67 opinions

  1. Butchers' Benevolent Ass'n v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1873
  2. Illinois Central Railroad v. IllinoisSupreme Court of the United States · 1892
  3. Loan Assn. v. TopekaSupreme Court of the United States · 1875
  4. Soon Hing v. CrowleySupreme Court of the United States · 1885
  5. Thorpe v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854

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3Cited by36 opinions

  1. State ex rel. Bolens v. FrearWisconsin Supreme Court · 1912
  2. In re CannonWisconsin Supreme Court · 1932
  3. Hunter v. Colfax Consolidated Coal Co.Supreme Court of Iowa · 1915
  4. Buse v. SmithWisconsin Supreme Court · 1976
  5. State Ex Rel. Warren v. NusbaumWisconsin Supreme Court · 1973

31 more not listed; retrieve them via the Exa API.

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