State ex rel. Chicago & Northwestern Railway Co. v. Burnell
Wisconsin Supreme Court
Mandamus to the circuit court for "Winnebago county:. G-eo. W. Burnell, Circuit Judge. Proceedings commenced in this court to compel the respondent to sign and certify a bill of exceptions. An order was made granting the prayer of a petition, filed in the circuit court for Winnebago county, for the appointment of commissioners in condemnation proceedings. Thereafter such proceedings were removed to this court for review pursuant to a writ of certiorcm.
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Mandamus to the circuit court for "Winnebago county:. G-eo. W. Burnell, Circuit Judge. Proceedings commenced in this court to compel the respondent to sign and certify a bill of exceptions. An order was made granting the prayer of a petition, filed in the circuit court for Winnebago county, for the appointment of commissioners in condemnation proceedings. Thereafter such proceedings were removed to this court for review pursuant to a writ of certiorcm. A copy of the order in the' condemnation matter, and notice of the entry thereof, were served so as to set the time running for the railway…
1Opinion of the CourtMarshall, J.
A writ of certiorari suspends the execution of the judgment or order challenged thereby. It does not vacate such judgment or order. Pending the hearing, such order or judgment remains in full force the same as in case of an appeal where the statute regarding a stay of proceedings has been complied with. In case of an appeal, the record may be retained in the court below and a certified copy be sent to this court; in case of a writ of certiorari the same course may be pursued, in fact is required to be pursued, unless an order be entered to the contrary. See Supreme Court Rule IY. The idea…
2Cases cited4 opinions
- Sexton v. PickettWisconsin Supreme Court · 1869
- Neuman v. StateWisconsin Supreme Court · 1890
- Richter v. LeibyWisconsin Supreme Court · 1898
- State v. Inhabitants of MadisonSupreme Judicial Court of Maine · 1874
3Cited by2 opinions
- Town of Fulton v. PomeroyWisconsin Supreme Court · 1901
- Waskey v. HammerCourt of Appeals for the Ninth Circuit · 1910