State ex rel. Fire & Rust Proof Construction Co. v. Icke
Wisconsin Supreme Court
Appeal from a judgment of the municipal court of Dane -county: E. Ray Stevens, circuit judge, sitting for the municipal judge. The petitioner, a Wisconsin corporation, contracted with the city of Madison to furnish all the labor and materials to lay gutters, to grade, macadamize, and otherwise improve Rlount street of the city, and to build a concrete drain under this street from Dayton street to Lake Monona.
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Appeal from a judgment of the municipal court of Dane -county: E. Ray Stevens, circuit judge, sitting for the municipal judge. The petitioner, a Wisconsin corporation, contracted with the city of Madison to furnish all the labor and materials to lay gutters, to grade, macadamize, and otherwise improve Rlount street of the city, and to build a concrete drain under this street from Dayton street to Lake Monona. The contract provided that during the first week of each month the defendant John Iclce, the city engineer, should malm an approximate estimate of the value of the work completed and the…
1Opinion of the CourtDodge, J.
At the very threshold of this case the court is confronted with the question whether mandamus is either a possible or a proper remedy conceding that all the facts are as relator claims them. This question is at least akin to jurisdictional, for it must be resolved in the affirmative before the court can properly proceed to consider the controversy between the parties. [Neither was this question considered by the court below apparently, nor is any aid thereon given *586to this court by the briefs. Mandamus is an extraordinary remedy, and one of the most absolute conditions to it is that the duty…
2Cases cited10 opinions
- City of Chicago v. Chicago Telephone Co.Illinois Supreme Court · 1907
- State ex rel. Burg v. Milwaukee Medical CollegeWisconsin Supreme Court · 1906
- State ex rel. Board of Education v. HunterWisconsin Supreme Court · 1901
- Eberle v. KingSupreme Court of Oklahoma · 1908
- Fox v. WorkmanCalifornia Court of Appeal · 1907
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Littell v. Webster CountySupreme Court of Iowa · 1911
- State ex rel. Redenius v. WaggensonWisconsin Supreme Court · 1909
- State ex rel. Quinn v. Thompson's Malted Food Co.Wisconsin Supreme Court · 1915
- State ex rel. Wisconsin Power & Light Co. v. ZimmermanWisconsin Supreme Court · 1927
- H. P. Cornell Co. v. BarberSupreme Court of Rhode Island · 1910