State ex rel. Ollinger v. Town of Manitowoc
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Sheboy-gan county: N. S. Gilson, Circuit Judge. The city of Manitowoc was incorporated by an act of the legislature of 1870. .It was organized of territory which was a part of the town of Manitowoo, and extends entirely across the town, so as completely to separate the town into two parts, at a distance of about two miles removed from each other, and not at any point contiguous to each other.
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Appeal from a judgment of the circuit court for Sheboy-gan county: N. S. Gilson, Circuit Judge. The city of Manitowoc was incorporated by an act of the legislature of 1870. .It was organized of territory which was a part of the town of Manitowoo, and extends entirely across the town, so as completely to separate the town into two parts, at a distance of about two miles removed from each other, and not at any point contiguous to each other. That part of the town of Manitowoo which lies north of the city comprises about nine full sections of land, and that part south of the city comprises about…
1Opinion of the CourtRewmab, J.
In enacting the ordinance in question, the county board was acting in a political and governmental ' function, in the interest of the public, and not in the inter-ést or for the county in its private or corporate capacity. The writ of certiorari, upon which it should be sought to ■ review its action, should be directed to the officers or board ' whose act it was sought to review, whenever that is a per- : tnanent body and has control of its own records. And this -is true even where a clerk has custody of the records as the *549mere agent of the corporation. The writ, in that case, should not be…
2Cases cited11 opinions
- Worcester & Nashua Railroad v. Railroad CommissionersMassachusetts Supreme Judicial Court · 1875
- Inhabitants of Tewksbury v. County CommissionersMassachusetts Supreme Judicial Court · 1875
- State ex rel. Flint v. Common Council of Fond du LacWisconsin Supreme Court · 1877
- State ex rel. Dalrymple v. Milwaukee CountyWisconsin Supreme Court · 1883
- Owens v. StateWisconsin Supreme Court · 1871
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State ex rel. City of Augusta v. LosbyWisconsin Supreme Court · 1902
- United States v. New York & O. S. S. Co.Court of Appeals for the Second Circuit · 1914
- State Ex Rel. Casper v. Board of Trustees of Wisconsin Retirement FundWisconsin Supreme Court · 1966
- State ex rel. Kulike v. Town Clerk of the LebanonWisconsin Supreme Court · 1907
- State ex rel. Bidgood v. Supervisors of CliftonWisconsin Supreme Court · 1902
7 more not listed; retrieve them via the Exa API.