State ex rel Sherman v. Common Council
Wisconsin Supreme Court
APPLICATION for a Mandamus. Tbe petition of tbe relator was accompanied by tbe affidavit of bis agent, stating in substance tbat said Sherman recovered in 1861, in tbe county court of said county, a judgment against tbe city of Milwaukee, for $802.75, wbicb was docketed on tbe same day, and still remains in force, and no part of it paid ; tbat execution was issued thereupon, and retmned nulla Iona; “ tbat said Sherman * * bas demanded payment of said judgment of tbe…
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APPLICATION for a Mandamus. Tbe petition of tbe relator was accompanied by tbe affidavit of bis agent, stating in substance tbat said Sherman recovered in 1861, in tbe county court of said county, a judgment against tbe city of Milwaukee, for $802.75, wbicb was docketed on tbe same day, and still remains in force, and no part of it paid ; tbat execution was issued thereupon, and retmned nulla Iona; “ tbat said Sherman * * bas demanded payment of said judgment of tbe treasurer of said city, and tbe said treasurer bas failed and refused to pay tbe same or any part thereof; tbat tbe common…
1Opinion of the CourtDowner, J.
The defendant moves to discharge and set aside the rule to show cause why a peremptory writ of mandamus should not issue. This motion must be regarded as a demurrer, and the statements of the relator taken as true.
The attorney for the defendant, in support of the motion, insists that the writ should not be granted where there is any other clear legal remedy, and that there is such remedy by pursuing the same course to collect a judgment against the city as to collect judgments against towns. He cites Crane v. Fond du *90Lac, 16 Wis., 196. This court did decide in that case that where there is no…
2Cases cited1 opinion
- Crane v. City of Fond du LacWisconsin Supreme Court · 1862
3Cited by6 opinions
- State ex rel. Hasbrouck v. City of MilwaukeeWisconsin Supreme Court · 1869
- State ex rel. Wood v. GoldstuckerWisconsin Supreme Court · 1876
- State ex rel. Ackerman v. DahlWisconsin Supreme Court · 1886
- State ex rel. White v. DickersonNevada Supreme Court · 1910
- Stevens v. MillerCourt of Appeals of Kansas · 1896
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