Schend v. St. George's German Aid Society
Wisconsin Supreme Court
APPEAL from the Circuit Court for Kenosha County. Appeal from an order denying the motion of the appellants, Schencl, Sauber and Zievers, for a writ of 'mandamus tb compel their restoration to membership in the respondent corporation, from which they had been expelled. The motion was heard on an order to show cause why the writ should not issue.
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APPEAL from the Circuit Court for Kenosha County. Appeal from an order denying the motion of the appellants, Schencl, Sauber and Zievers, for a writ of 'mandamus tb compel their restoration to membership in the respondent corporation, from which they had been expelled. The motion was heard on an order to show cause why the writ should not issue. It is alleged in the affidavits in support of the motion, among other things, that the appellants were arbitrarily expelled from the society without cause and without any opportunity to be heard in their defense. Affidavits were read in opposition to…
1Opinion of the CourtLtos, J.
By a rule adopted in 1865, cases of mandamus can be commenced in this court only by the issue and service of an alternative writ, to be granted by the court. 21 Wis., Appendix B. Notwithstanding the abrogation by rule 26, adopted in 1876, of all formal rules of practice in this court theretofore adopted, the practice established by the rule of 1865 will doubtless be adhered to. Several cases in this court sanction the practice of commencing a mandamus case in the circuit court (and in this court, also, before the adoption of the *241rule of 1865) by service of an order to show ’ cause why the…
2Cited by10 opinions
- In re WalshNebraska Supreme Court · 1893
- State ex rel. Buchanan v. KelloggWisconsin Supreme Court · 1897
- Howard v. City of HuronSouth Dakota Supreme Court · 1894
- State ex rel. Pfister v. Mayor of ManitowocWisconsin Supreme Court · 1881
- State ex rel. State Agricultural Society v. TimmeWisconsin Supreme Court · 1883
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