Legal Opinion · Dissent

State Ex Rel. Ball v. McPhee

Wisconsin Supreme Court

Decided February 3, 1959Published

1DissentBrown, J.

This case is before the court upon certiorari. In Kuehnel v. Registration Board of Architects (1943), 243 Wis. 188, 195, 9 N. W. (2d) 630, Mr. Justice Fritz stated the function of the court in certiorari proceedings thus:

“. . . certiorari proceedings . . . are uniformly considered to be only issues of law, because of which there is nothing involved but a review of the record to determine whether the board acted lawfully {i.e., within the scope of powers granted) and reasonably {i.e., whether there was evidence to support its findings).”

My principal disagreement with the court, and which…

2Cases cited7 opinions

  1. Wisconsin Labor Relations Board v. Fred Rueping Leather Co.Wisconsin Supreme Court · 1938
  2. State Ex Rel. Morehouse v. HuntWisconsin Supreme Court · 1940
  3. School City of Peru v. State Ex Rel. YoungbloodIndiana Supreme Court · 1937
  4. State Ex Rel. A. Hynek & Sons Co. v. Board of AppealsWisconsin Supreme Court · 1954
  5. State Ex Rel. Heffernan v. Board of Fire & Police CommissionersWisconsin Supreme Court · 1945

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