State ex rel. Village of Merrimac v. Hazelwood
Wisconsin Supreme Court
Appjsau from an order of tbe circuit court for Dane county: E. Ray StevbNS, Circuit Judge. Mandamus action to compel tbe State Highway Commission to act under cb. 586, Laws of 1913. An alternative writ of mandamus was duly sued out of tbe circuit court for Dane county requiring tbe State Highway Commission to proceed under such chapter or show cause why to tbe contrary. Tbe purpose was to test tbe constitutionality of such chapter.
Read the full summary
Appjsau from an order of tbe circuit court for Dane county: E. Ray StevbNS, Circuit Judge. Mandamus action to compel tbe State Highway Commission to act under cb. 586, Laws of 1913. An alternative writ of mandamus was duly sued out of tbe circuit court for Dane county requiring tbe State Highway Commission to proceed under such chapter or show cause why to tbe contrary. Tbe purpose was to test tbe constitutionality of such chapter. Issue in respect to tbe matter was joined by a motion to quash. Tbe motion was denied. This appeal is from the order in that regard. Tbe purpose of tbe legislative…
1Opinion of the CourtAVikulow, C. J.
The questions in this case are two, viz.: (1) Does the law violate the requirement of uniformity of town and county government (sec. 23, art. IV, Const.) ? and (2) Is it a special or private law for assessment or collection of taxes (sec. 31, art. IV, Const.) ?
1. The first constitutional provision above cited provides for the establishment of but “one system of town and county government, which shall be as nearly uniform as practicable.”
AArere the question whether the construction of bridges is necessarily a part of the “system of town and county government” a new one, there might be room for…
2Cases cited6 opinions
- Kimball v. Town of RosendaleWisconsin Supreme Court · 1877
- Bryant v. RobbinsWisconsin Supreme Court · 1887
- State ex rel. Town of La Valle v. Board of SupervisorsWisconsin Supreme Court · 1885
- Wagner v. Milwaukee CountyWisconsin Supreme Court · 1902
- Chicago & Northwestern Railway Co. v. Forest CountyWisconsin Supreme Court · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State ex rel. Attorney General v. DonaldWisconsin Supreme Court · 1915
- White Construction Co. v. City of BeloitWisconsin Supreme Court · 1926
- Hjelming v. La Crosse CountyWisconsin Supreme Court · 1926
- State ex rel. Johnson v. County Boards of SupervisorsWisconsin Supreme Court · 1918
- Pedro v. GrootemaatWisconsin Supreme Court · 1921
2 more not listed; retrieve them via the Exa API.