Legal Opinion

State ex rel. Meissner v. O'Brien

Wisconsin Supreme Court

Decided June 20, 1932PublishedCited by 5 opinions

1Opinion of the CourtFairchild, J.

The first question which arises from a study of this case is, Can a writ of certiorari properly be issued on the showing made in the petition to the county court for this writ? There was no final determination by the board, or the city manager acting as such board, at the time o-f the filing of the petition. If the practice followed here were to obtain, the effect of it would be the use of the writ to review errors before judgment. Objection to delay which the confusion resulting from this would breed, or be capable of causing, underlies the development of the rule that the writ shall issue…

2Cases cited3 opinions

  1. State ex rel. Milwaukee Medical College v. ChittendenWisconsin Supreme Court · 1906
  2. Chittenden v. StateWisconsin Supreme Court · 1876
  3. Culver v. TravisMichigan Supreme Court · 1896

3Cited by5 opinions

  1. State Ex Rel. Czapiewski v. Milwaukee City Service CommissionWisconsin Supreme Court · 1972
  2. State Ex Rel. Grzelak v. BertrandWisconsin Supreme Court · 2003
  3. State Ex Rel. St. Mary's Hospital v. Industrial CommissionWisconsin Supreme Court · 1947
  4. State Ex Rel. Birnamwood Oil Co. v. ShaughnessyWisconsin Supreme Court · 1943
  5. State Ex Rel. Grzelak v. BertrandWisconsin Supreme Court · 2003

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