State ex rel. Drury v. Supervisors of Lincoln
Wisconsin Supreme Court
APPEAL from the Circuit Court for Kewaunee County. The case is sufficiently stated in the opinion. He contended, inter alia, that the service of the alternative writ was insufficient. Sec. 3450, R. S., prescribes the method of service. The original writ must be delivered to the person, body, or tribunal to whom it is directed. State ex rel. Havemeyer v. Sttpervisors, 22 Wis. 391; State ex rel.
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APPEAL from the Circuit Court for Kewaunee County. The case is sufficiently stated in the opinion. He contended, inter alia, that the service of the alternative writ was insufficient. Sec. 3450, R. S., prescribes the method of service. The original writ must be delivered to the person, body, or tribunal to whom it is directed. State ex rel. Havemeyer v. Sttpervisors, 22 Wis. 391; State ex rel. Holmes v. Bai/rd, 11 id. 260; Tillson v. Oomm’rs, 19 Ohio, 416; 17 Miss. 159; Hempstead v. Under-JiilVs Heirs, 20 Ark. 331; Oomm. v. Brady, 6 Phila. 121; State v. Kmg, 29 Kan. 607. If the writ be…
1Opinion of the CourtTayloe, J.
This is a proceeding by mandamus. An alternative writ of mandamus was issued and served upon two of the supervisors by leaving with them personally a. *275true copy of the writ and at the same time exhibiting to each of them the original, with the seal of the court and the signature of the clerk thereto appended; and upon the third supervisor by leaving a copy of the writ at his last and usual place of residence, with a person of suitable age, etc., the said supervisor not being found in the county.
On the return-day of the writ the supervisors appeared solely for the purpose of moving the court…
2Cases cited11 opinions
- Weston and Others v. the City Council of CharlestonSupreme Court of the United States · 1829
- Commissioners v. SellewSupreme Court of the United States · 1879
- Oatman v. BondWisconsin Supreme Court · 1862
- Rahn v. GunnisonWisconsin Supreme Court · 1860
- State ex rel. Green Bay & Minnesota Railroad v. JenningsWisconsin Supreme Court · 1882
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3Cited by4 opinions
- State ex rel. Milwaukee Medical College v. ChittendenWisconsin Supreme Court · 1906
- Mooney v. DonovanNorth Dakota Supreme Court · 1899
- State ex rel. Court of Honor of Illinois v. GiljohannWisconsin Supreme Court · 1901
- Tetley v. Rock Falls Manufacturing Co.Wisconsin Supreme Court · 1922