State ex rel. Bannen v. Arnold
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: W. J. TubNeb, Circuit Judge. Mandamus to compel the tax commissioner of the city of Milwaukee to recognize the relator as assessor for the Sixteenth ward of such city and to fully reinstate him in such office from which he had been, in form, removed. The proceedings were the same in this case and based on the same state of facts as in State ex rel.
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Appeal from an order of the circuit court for Milwaukee county: W. J. TubNeb, Circuit Judge. Mandamus to compel the tax commissioner of the city of Milwaukee to recognize the relator as assessor for the Sixteenth ward of such city and to fully reinstate him in such office from which he had been, in form, removed. The proceedings were the same in this case and based on the same state of facts as in State ex rel. Hayden v. Arnold, ■ante, p. 19, 138 N. W. 78, except the change of ward boundaries, as stated in the petition, left the relator still a resident of the Sixteenth ward, for which he was…
1Opinion of the CourtMaeshall, J.
This case, in the main, is ruled by the decision in State ex rel. Hayden v. Arnold, ante, p. 19, 138 N. W. 78, mentioned in the statement. The only difference as to facts is that, the cause assigned for removal did not exist. But we are constrained to hold that such circumstance cannot make any difference. Manifestly, the legislative purpose was that relief from any mistake of that sort should be sought by the specific means provided in the civil service law. The relator, in accepting office under it, submitted to its provisions, including those empowering the commissioner to remove him at…
2Cases cited1 opinion
- State ex rel. Hayden v. ArnoldWisconsin Supreme Court · 1912
3Cited by5 opinions
- Castelaz v. City of MilwaukeeWisconsin Supreme Court · 1980
- State ex rel. Hayden v. ArnoldWisconsin Supreme Court · 1912
- Nichols v. SunderlandCalifornia Court of Appeal · 1926
- State ex rel. Langen v. BoddenWisconsin Supreme Court · 1917
- State ex rel. LeRoy v. FosdickOhio Superior Court, Cincinnati · 1914