State ex rel. Flint v. Common Council of Fond du Lac
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lao County. On the petition of Robert Flint, a writ of certiorari was issued from the circuit court, addressed to the common council of the city of Fond du Lao, to bring up for review the acts and proceedings of that body touching the laying out of a new street between Forest and Second streets in said city, and all resolutions, ordinances, orders, votes, notices and other acts of said council, and of all other officers or agents of…
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APPEAL from the Circuit Court for Fond du Lao County. On the petition of Robert Flint, a writ of certiorari was issued from the circuit court, addressed to the common council of the city of Fond du Lao, to bring up for review the acts and proceedings of that body touching the laying out of a new street between Forest and Second streets in said city, and all resolutions, ordinances, orders, votes, notices and other acts of said council, and of all other officers or agents of said city, relating in any way to said improvement, and all oaths taken by any officers or others, and all writs or…
1Opinion of the CourtCole, J.
I. The objection that the writ of certiorari was *295improperly directed to tbe common council instead of the city clerk, is untenable. It was the acts and proceedings of the common council relative to the laying out of the street in question, which were sought to be reviewed. The common council, under the city charter, is a permanent body; has the legal control of all its records and papers; appoints the city clerk; and could therefore make return to the writ. (See charter, ch. 59, P. & L. Laws of 1868.) It is not like the case of Milwaukee Iron Co. v. Schubel, Town Clerk, 29 Wis., 444. There…
2Cases cited4 opinions
- Pier v. City of Fond du LacWisconsin Supreme Court · 1875
- Milwaukee Iron Co. v. SchubelWisconsin Supreme Court · 1872
- Seifert v. BrooksWisconsin Supreme Court · 1874
- Hood v. FinchWisconsin Supreme Court · 1859
3Cited by23 opinions
- State ex rel. Milwaukee Medical College v. ChittendenWisconsin Supreme Court · 1906
- Dietz v. City of NeenahWisconsin Supreme Court · 1895
- Conners v. City of KnoxvilleTennessee Supreme Court · 1916
- McEneney v. Town of SullivanIndiana Supreme Court · 1890
- Lamasco Realty Co. v. City of MilwaukeeWisconsin Supreme Court · 1942
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