Legal Opinion
McCabe v. City of Milwaukee
Wisconsin Supreme Court
Decided November 30, 1971No. 190PublishedCited by 13 opinions
1Opinion of the CourtHanley, J.
We note at the outset that it does not appear that the attorney general was served with a copy of the proceeding in this case or that he was cognizant of the institution of the action. Whenever a declaratory judgment action is brought challenging the constitutionality of a statute or ordinance, the attorney general must be served with copies of the proceedings, as required by sec. 269.56 (11), Stats.:
“. . . [I]f the statute, ordinance or franchise is alleged to be unconstitutional, the attorney general shall also be served with a copy of the proceeding and be entitled to be heard.” (Emphasis…
2Cases cited6 opinions
- Pressman v. State Tax CommissionCourt of Appeals of Maryland · 1985
- Chicago & North Western Railway Co. v. La FolletteWisconsin Supreme Court · 1965
- Cummings v. ShippTennessee Supreme Court · 1928
- Parr v. City of SeattleWashington Supreme Court · 1938
- Jefferson County Fiscal Court v. TragerCourt of Appeals of Kentucky (pre-1976) · 1945
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- McNicholas v. York Beach Village Corp.Supreme Judicial Court of Maine · 1978
- Commissioners Court of Harris County v. Peoples National Utility Co.Court of Appeals of Texas · 1976
- O'CONNELL v. Bd. of Ed., Jt. Dist. 10Wisconsin Supreme Court · 1978
- State v. OmernikWisconsin Supreme Court · 1972
- City of Milwaukee v. CohenWisconsin Supreme Court · 1973
8 more not listed; retrieve them via the Exa API.