State ex rel. Milwaukee Electric Railway & Light Co. v. Circuit Court for Rock County
Wisconsin Supreme Court
Mandamus to the Circuit Court for Eock County. This is an action of mandamus brought in this court to compel the defendant court to dismiss an action brought therein because the summons had never been served. An alternative writ was issued, return was made thereto, and an answer to the return was filed.
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Mandamus to the Circuit Court for Eock County. This is an action of mandamus brought in this court to compel the defendant court to dismiss an action brought therein because the summons had never been served. An alternative writ was issued, return was made thereto, and an answer to the return was filed. The case was heard upon the pleadings, from which it appeared that the action sought to be dismissed was an action by one Winifred Eifield against the relator and the Chicago, Milwaukee & St. Paul Eailway Company for personal injuries alleged to have been caused by the negligence of both…
1Opinion of the Court
Winslow, T.
This is an application to this court for the exercise of its superintending control by mandamus for the purpose of preventing an inferior court from overstepping the bounds of its jurisdiction. That control will only be exercised where the duty of the inferior court to act within its jurisdiction or to refrain from going beyond its jurisdiction is plain and imperative, where such court threatens to violate that duty to the substantial prejudice of the rights of the petitioner, where all other remedies are inadequate, and the application for relief prompt. State ex rel. Fourth Nat.…
2Cases cited2 opinions
- State ex rel. Fourth National Bank of Philadelphia v. JohnsonWisconsin Supreme Court · 1899
- State ex rel. City of Milwaukee v. LudwigWisconsin Supreme Court · 1900
3Cited by9 opinions
- In re Pierce-Arrow Motor Car Co.Wisconsin Supreme Court · 1910
- State Ex Rel. Beaudry v. PanosianWisconsin Supreme Court · 1967
- State ex rel. McGovern v. WilliamsWisconsin Supreme Court · 1908
- State ex rel. Southern Colonization Co. v. Circuit Court for St. Croix CountyWisconsin Supreme Court · 1925
- State v. FischerWisconsin Supreme Court · 1921
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