State ex rel. Taylor v. Board of Supervisors
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waulcesha County. Mcmclamus to compel the laying out and establishment of a. highway. The facts upon which the decision is based are sufficiently stated in the opinion.
1Opinion of the CourtOrtoN, J.
The appeal in this case must be dismissed. The proceedings are erroneous from the beginning to the end. (1) The rule to show cause is why a peremptory writ of mandamus should not be granted. (2) The rule was heard as a mere motion on affidavits. (3) The so-called peremptory writ was a mere order by the court signed by the judge. (4) The appeal to this court is taken from this so-called writ of mandamus. These several errors will be noticed in their order.
1. The rule to show cause, as the first step in the proceedings, if any rule to show cause is granted at all, should have *219been why an…
2Cases cited9 opinions
- State ex rel. Cothren v. LeanWisconsin Supreme Court · 1859
- State ex rel. Green Bay & Minnesota Railroad v. JenningsWisconsin Supreme Court · 1882
- People ex rel. Dikeman v. President & Trustees of BrooklynCourt for the Trial of Impeachments and Correction of Errors · 1834
- Schend v. St. George's German Aid SocietyWisconsin Supreme Court · 1880
- Attorney General ex rel. Cushing v. LumWisconsin Supreme Court · 1853
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- State ex rel. Comstock v. Joint School District No. 1 of ArcadiaWisconsin Supreme Court · 1886
- American Water-works Co. v. State ex rel. O'ConnorNebraska Supreme Court · 1891
- State ex rel. Court of Honor of Illinois v. GiljohannWisconsin Supreme Court · 1901