State ex rel. Jordan v. Bechtner
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: J". 0. Ludwig, Circuit Judge. This is a proceeding by mandamus to compel the city comptroller of the city of Milwaukee to countersign a certain report of a judiciary committee upon a resolution to appropriate $100 to the relator in settlement of her claim against the city.
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Appeal from an order of the circuit court for Milwaukee county: J". 0. Ludwig, Circuit Judge. This is a proceeding by mandamus to compel the city comptroller of the city of Milwaukee to countersign a certain report of a judiciary committee upon a resolution to appropriate $100 to the relator in settlement of her claim against the city. It is alleged in the relation and alternative writ, in effect, that the defendant, Paul Bechtner, is the duly elected and qualified comptroller of the city; that the common council of the city had the power to- adjust, compromise, and settle causes of action…
1Opinion of the CourtCassoday, C. J.
1. The relator has moved to dismiss the appeal because the appellant failed to. give on such.appeal the requisite bond or undertaking. The defendant contends that he was not required to give any bond or undertaking on such *635appeal, because the charter provides that when the city appeals “it shall not he required to furnish an appeal bond.’1' Sec. 8, suhch. XX, Milwaukee Charter. It is true the defendant is the comptroller of the city and brings his appeal as such; but the defendant in no sense represents the city in. the case at bar. On the contrary, the common council is the rightful…
2Cases cited6 opinions
- Washburn County v. ThompsonWisconsin Supreme Court · 1898
- Lamberson v. JefferdsCalifornia Supreme Court · 1897
- Sharp v. City of MaustonWisconsin Supreme Court · 1896
- Von Schmidt v. WidberCalifornia Supreme Court · 1893
- State ex rel. George v. MountSupreme Court of Louisiana · 1869
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