Legal Opinion

State ex rel. Milwaukee Medical College v. Chittenden

Wisconsin Supreme Court

Decided March 20, 1906PublishedCited by 118 opinions

Appeal from a judgment of the circuit court for Milwaukee county: OpeeN T. Williams, Circuit Judge. Oertiorari to tbe State Board of Dental Examiners. This is the substance of the recitals in the writ: The relator is a domestic corporation organized in 1893, having a paid-up capital of $150,000, and authorized to conduct a college for teaching, among other things, dentistry. It has property in its business of the value of $175,000, and a good will of great value.

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Appeal from a judgment of the circuit court for Milwaukee county: OpeeN T. Williams, Circuit Judge. Oertiorari to tbe State Board of Dental Examiners. This is the substance of the recitals in the writ: The relator is a domestic corporation organized in 1893, having a paid-up capital of $150,000, and authorized to conduct a college for teaching, among other things, dentistry. It has property in its business of the value of $175,000, and a good will of great value. It has at all times conducted a first class reputable dental college. It has graduated therefrom 312 persons, including…

1Opinion of the CourtMaeshall, J.

It is provided by ch. 366, Laws of 1905, that “the place of trial of all actions authorized to be brought against the state or any of the state officers in their official capacity shall be Dane county.” Counsel concede that whether error was committed in denying the motion to change the place of trial turns on the solution of these points:

First. Is a certiorari proceeding an action ? Second. Are-members of the State Board of Dental Examiners state officers within the meaning of the law under consideration ?

*4911. It is not entirely without difficulty that proceedings commenced by original writs…

2Cases cited130 opinions

  1. Marbury v. MadisonSupreme Court of the United States · 1803
  2. Cohens v. VirginiaSupreme Court of the United States · 1821
  3. Dent v. West VirginiaSupreme Court of the United States · 1889
  4. Kohl v. United StatesSupreme Court of the United States · 1876
  5. Weston and Others v. the City Council of CharlestonSupreme Court of the United States · 1829

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3Cited by118 opinions

  1. Lister v. Board of Regents of the University of Wisconsin SystemWisconsin Supreme Court · 1976
  2. State ex rel. Carter v. HarperWisconsin Supreme Court · 1923
  3. Ekern v. McGovernWisconsin Supreme Court · 1913
  4. State ex rel. Attorney General v. DonaldWisconsin Supreme Court · 1915
  5. State ex rel. McGrael v. PhelpsWisconsin Supreme Court · 1910

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