Legal Opinion

State Ex Rel. Tiner v. Milwaukee County

Wisconsin Supreme Court

Decided December 13, 1977No. 76-524PublishedCited by 8 opinions

1Opinion of the CourtDay, J.

The notice of appeal states that the appeal is taken from the writ of mandamus. However, appeals are taken from either judgments or orders, sec. 817.09 (2), Stats. 1975. While the document issuing the writ is denominated an “order,” it is an order awarding a preemptory writ of mandamus and is therefore a final judgment, State ex rel. Court of Honor of Illinois v. Geljohann, 111 Wis. 377, 383, 87 N.W. 245 (1901). We therefore treat the appeal as one from a judgment granting the petition for a writ of mandamus.

The petitioner-respondent, Emma Tiner, is a recipient of Aid to Families With…

2Cases cited10 opinions

  1. Alvarado v. SchmidtDistrict Court, W.D. Wisconsin · 1970
  2. Mercy Medical Center of Oshkosh, Inc. v. Winnebago CountyWisconsin Supreme Court · 1973
  3. Outagamie County v. Town of BrooklynWisconsin Supreme Court · 1962
  4. State Ex Rel. Sell v. Milwaukee CountyWisconsin Supreme Court · 1974
  5. State Ex Rel. Arteaga v. SilvermanWisconsin Supreme Court · 1972

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3Cited by8 opinions

  1. Brown County v. Department of Health & Social ServicesWisconsin Supreme Court · 1981
  2. Kenosha Professional Firefighters, Local 414 v. City of KenoshaWisconsin Supreme Court · 2009
  3. St. Michael Hospital of Franciscan Sisters v. County of MilwaukeeCourt of Appeals of Wisconsin · 1980
  4. Clintonville Community Hospital Ass'n v. City of ClintonvilleWisconsin Supreme Court · 1979
  5. Clark v. Milwaukee CountyWisconsin Supreme Court · 1994

3 more not listed; retrieve them via the Exa API.

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