State ex rel. Pfister v. Mayor of Manitowoc
Wisconsin Supreme Court
APPEAL from the Circuit Court for Mcmitowoe County. Mandamus. The petition of the relator alleges that the Milwaukee, Manitowoc & Green Bay Bailroad Company was incorporated and organized under ch. 242, P. & L. Laws of 1870, and was thereby empowered to locate, construct and maintain a railroad from the city of Milwaukee to the cities of Sheboygan, Manitowoc and Green Bay; that by said act the towns and cities along the proposed line of said railroad were authorized to vote…
Read the full summary
APPEAL from the Circuit Court for Mcmitowoe County. Mandamus. The petition of the relator alleges that the Milwaukee, Manitowoc & Green Bay Bailroad Company was incorporated and organized under ch. 242, P. & L. Laws of 1870, and was thereby empowered to locate, construct and maintain a railroad from the city of Milwaukee to the cities of Sheboygan, Manitowoc and Green Bay; that by said act the towns and cities along the proposed line of said railroad were authorized to vote aid thereto; that the said company located its route through the city of Manitowoc, and duly certified such location to…
1Opinion of the CourtCassoday, J.
A peremptory writ of' mandamus is an extraordinary remedy to coerce the performance of a preexisting duty, or clear and specific legal right, and hence should be granted only where the duty or right is clearly established, *427and the facts upon which it is based are undisputed. That such is the law would seem to be well established by the decisions of this and other courts.
In State ex rel. Lord v. Washington Co., 2 Pinney, 555, it was held that the writ “ only issues in cases where there is a specific legal right to be enforced, or where there is a positive duty to be, and which can be,…
2Cases cited15 opinions
- Reeside v. WalkerSupreme Court of the United States · 1851
- Heine v. Levee CommissionersSupreme Court of the United States · 1874
- Bath County v. AmySupreme Court of the United States · 1872
- People Ex Rel. Mygatt v. Supervisors of Chenango CountyNew York Court of Appeals · 1854
- People ex rel. Lynch v. Mayor of New-YorkNew York Supreme Court · 1841
10 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State ex rel. Buchanan v. KelloggWisconsin Supreme Court · 1897
- State ex rel. Redenius v. WaggensonWisconsin Supreme Court · 1909
- Gutta Percha & Rubber Manufacturing Co. v. City of AshlandWisconsin Supreme Court · 1898
- State ex rel. Wisconsin Metropolis Telephone Co. v. City of MilwaukeeWisconsin Supreme Court · 1907
- State ex rel. Fire & Rust Proof Construction Co. v. IckeWisconsin Supreme Court · 1908
3 more not listed; retrieve them via the Exa API.