State ex rel. Nelson v. Emerson
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Price county: John K. Pabish, Circuit Judge. The appeal is from a judgment rendered upon certiorari to and reversing' the decision of the inspectors of election of the village of Prentice relative to the results of an election upon the question of license or no license for retail liquor dealers in said town.
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Appeal from a judgment of the circuit court for Price county: John K. Pabish, Circuit Judge. The appeal is from a judgment rendered upon certiorari to and reversing' the decision of the inspectors of election of the village of Prentice relative to the results of an election upon the question of license or no license for retail liquor dealers in said town. The election was held April 7, 1908, in the duly organized village of Prentice, and prior to this charter election there was a petition as prescribed by law praying that the question of licensing persons to deal or traffic in spirituous,…
1Opinion of the Court
TiMxirr, T.
By settled rules obtaining in this state, the court, proceeding upon writ of certiorari, in giving final judgment can only affirm or reverse the judgment or determination reviewed under the writ. Starkweather v. Sawyer, 63 Wis. 297, 23 N. W. 566; State ex rel. Heller v. Lawler, 103 Wis. 460, 79 N. W. 777. The writ is therefore very ineffective in the instant case. There is no means of proving whether the rejected ballots were or were not furnished by the authorities, because that fact is not shown nor required to be shown by any election record, and the court on certio-rari is…
2Cases cited5 opinions
- State ex rel. Heller v. LawlerWisconsin Supreme Court · 1899
- State ex rel. Winchell v. Circuit Court for Waukesha CountyWisconsin Supreme Court · 1903
- State ex rel. Narveson v. Village of McIntoshSupreme Court of Minnesota · 1905
- Starkweather v. SawyerWisconsin Supreme Court · 1885
- State ex rel. Hadfield v. GraceWisconsin Supreme Court · 1892
3Cited by5 opinions
- Snajder v. StateWisconsin Supreme Court · 1976
- Lehigh Sewer Pipe & Tile Co. v. Incorporated Town of LehighSupreme Court of Iowa · 1912
- State Ex Rel. Parker v. FiedlerCourt of Appeals of Wisconsin · 1993
- State ex rel. Peart v. Wisconsin Highway CommissionWisconsin Supreme Court · 1924
- State ex rel. McDiarmid v. KnightWisconsin Supreme Court · 1920