State Ex Rel. City of Madison v. Walsh

The three propositions presented on this appeal are:

1. The motion of the plaintiff that the appeal be dismissed because of failure to furnish a bond. This matter is effectively disposed of by the statute itself, sec. 274.26, Stats., which provides that a municipality in taking an appeal need not furnish a bond. The parties the plaintiff sought to coerce by mandamus are town officers and had they any authority to act it would be as officers of the towns. The motion to dismiss is denied.

2. The question is raised as to the propriety of issuing the writ of mandamus. ^ We are of the opinion that…