Legal Opinion

State ex rel. Peck v. Rusk

Wisconsin Supreme Court

Decided October 10, 1882PublishedCited by 10 opinions

CEETIOEAEI. This is a certiorari to the governor to bring here for review proceedings before him instituted under ch. 10, Laws of 1882, and his determination therein. The writ ivas allowed in vacation by one of the justices of this court. The governor has made due return thereto, at the same time protesting that this court has no jurisdiction to send its writ of certiorari to the governor of the state.

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CEETIOEAEI. This is a certiorari to the governor to bring here for review proceedings before him instituted under ch. 10, Laws of 1882, and his determination therein. The writ ivas allowed in vacation by one of the justices of this court. The governor has made due return thereto, at the same time protesting that this court has no jurisdiction to send its writ of certiorari to the governor of the state. The material facts in the case, as they appear from the rc-lation and return, and from the statutes, are as follows: By certain acts of congress grants of lands were made to this state to aid…

1Opinion of the CourtLyon, J.

Passing for the present the questions whether this court can properly send its writ of certiorari to the governor in any case, or, if it may do so, whether it is the proper remedy in the present case; whether ch. 10, Laws of 1882, vests in the governor discretion to distribute the fund in his hands to such laborers as in his opinion are entitled-thereto; and whether this is a proper case for the exercise by this court of its original jurisdiction,— all of which have been elaborately and ably argued by the learned counsel on both sides, — we will proceed at once to consider the merits of the…

2Cited by10 opinions

  1. Ekern v. McGovernWisconsin Supreme Court · 1913
  2. Sleeper v. GoodwinWisconsin Supreme Court · 1887
  3. State Ex Rel. Rawlinson v. AnselSupreme Court of South Carolina · 1907
  4. Delaware River Quarry & Construction Co. v. Board of Chosen FreeholdersNew Jersey Court of Chancery · 1918
  5. Romero Moreno v. GoreSupreme Court of Puerto Rico · 1934

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