State ex rel. Hayden v. Arnold
Wisconsin Supreme Court
Appeal from an order of tbe .circuit court for Milwaukee county: W. J. TueNee, Circuit Judge. Mandamus to compel tbe tax commissioner of tbe city of Milwaukee to recognize tbe relator as assessor of tbe Third ward of sucb city and to fully reinstate bim in sucb position.
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Appeal from an order of tbe .circuit court for Milwaukee county: W. J. TueNee, Circuit Judge. Mandamus to compel tbe tax commissioner of tbe city of Milwaukee to recognize tbe relator as assessor of tbe Third ward of sucb city and to fully reinstate bim in sucb position. Tbe following appeared by tbe petition: Eor some time prior to January 31, 1912, tbe relator was. assessor of tbe Third ward of the city of Milwaukee, duly appointed and qualified as sucb under tbe civil service law and rules. In tbe meantime tbe boundaries of sucb ward werfe, by a municipal ordinance under authority of eh.…
1Opinion of the Court
■Mabshall, J.
Is mandamus a proper remedy to restore a person to an office from which he has been unlawfully removed ?
In examining authorities hearing on the proposition stated, at least, the following situations should be observed:(1) In general, where a person has been ousted from office, unlawfully, as he claims;(2) Where a person was ousted and an action for possession commenced and brought to trial before the vacancy, thus in form created, was refilled;(3) Where the circumstances exist as in No. 2, except the vacancy was filled after commencement of the action;(4) Where a person seeks…
2Cases cited17 opinions
- State ex rel. Gill v. Common Council of WatertownWisconsin Supreme Court · 1859
- State ex rel. Jones v. OatesWisconsin Supreme Court · 1893
- Lewis v. WhittleSupreme Court of Virginia · 1883
- Ex parte WileySupreme Court of Alabama · 1875
- State ex rel. City of Milwaukee v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1911
12 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- City of Madison v. Southern Wisconsin Railway Co.Wisconsin Supreme Court · 1914
- Castelaz v. City of MilwaukeeWisconsin Supreme Court · 1980
- Julius v. DruckreyWisconsin Supreme Court · 1934
- Keane v. St. Francis HospitalCourt of Appeals of Wisconsin · 1994
- State ex rel. Bannen v. ArnoldWisconsin Supreme Court · 1912
8 more not listed; retrieve them via the Exa API.