State ex rel. Rose v. Superior Court of Milwaukee County
Wisconsin Supreme Court
PROHIBITION to the Superior Oourt of Milwaukee county and to J. C. Ludwio, judge thereof. On January 18, 1900, there were filed in this court three verified petitions,— one by David S. Rose, mayor of the city of Milwaukee; another by Edward M. Schuengel, clerk of the city of Milwaukee; and another by Cornelius Corcoran and twenty-two others, therein named, being twenty-three in number, and a majority of the forty-two aldermen of that-city.
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PROHIBITION to the Superior Oourt of Milwaukee county and to J. C. Ludwio, judge thereof. On January 18, 1900, there were filed in this court three verified petitions,— one by David S. Rose, mayor of the city of Milwaukee; another by Edward M. Schuengel, clerk of the city of Milwaukee; and another by Cornelius Corcoran and twenty-two others, therein named, being twenty-three in number, and a majority of the forty-two aldermen of that-city. Each of such petitions prayed that a writ of prohibition issue from this court to the Superior Court of Milwcm~ hee Comity and to the Honorable John G.…
1Opinion of the CourtCassoday, C. J.
The mayor, city clerk, aud the twenty-three aldermen who are petitioners herein, and constituting a majority of the common council of the city of Milwaukee, frankly admitted to the trial court that they had severally violated the injunctional order in question. The only excuse given for such violation is that the court was without jurisdiction to make such order. The learned trial judge, in his concise opinion in the case, concedes that, if the court had no jurisdiction in the action commenced by Schwartz-burg, then such order was a nullity, and there was no contempt in disobeying it. But he…
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