Legal Opinion

State ex rel. Davern v. Rose

Wisconsin Supreme Court

Decided October 5, 1909PublishedCited by 12 opinions

Appeal from an, order of tbe circuit court for Milwaukee-county: W. J. TuiíNee, Circuit Judge. Mandamus. Relator asserts bimself to be a citizen and' taxpayer of tbe city of Milwaukee and that be petitions on bebalf of bimself and all others similarly situated; asserts-various acts of misconduct on tbe part of tbe chief engineer of tbe fire department of said city, and that in September, 1908, be filed with tbe respondent, then and now mayor of’ tbe city of Milwaukee,…

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Appeal from an, order of tbe circuit court for Milwaukee-county: W. J. TuiíNee, Circuit Judge. Mandamus. Relator asserts bimself to be a citizen and' taxpayer of tbe city of Milwaukee and that be petitions on bebalf of bimself and all others similarly situated; asserts-various acts of misconduct on tbe part of tbe chief engineer of tbe fire department of said city, and that in September, 1908, be filed with tbe respondent, then and now mayor of’ tbe city of Milwaukee, certain charges of such misconduct; that thereupon said respondent called to bis office a large number of tbe members of tbe…

1Opinion of the CourtDodge, J.

With a debated question of defect of parties we shall not concern ourselves, since the view we have taken upon the general merits of this case renders it immaterial to-the result.

The general plan of the government of the state, either generally or in such sections as its municipal corporations, is *364framed upon the theory of intrusting to the legislative and •executive branches, and administrative officers appointed within them, tire formulation of policy and the execution thereof by officials, constitutional or legislative, in whom is vested the discretion as to what will be most promotive of…

2Cases cited17 opinions

  1. Spalding v. VilasSupreme Court of the United States · 1896
  2. Parsons v. United StatesSupreme Court of the United States · 1897
  3. People ex rel. Sutherland v. GovernorMichigan Supreme Court · 1874
  4. Rowell v. SmithWisconsin Supreme Court · 1905
  5. State ex rel. Cook v. HouserWisconsin Supreme Court · 1904

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

3Cited by12 opinions

  1. School District No. 3 of Adams v. CallahanWisconsin Supreme Court · 1941
  2. Clancy v. Board of Fire & Police CommissionersWisconsin Supreme Court · 1912
  3. State Income Tax v. Kansas City Star Co.Supreme Court of Missouri · 1940
  4. State ex rel. Wagner v. DahlWisconsin Supreme Court · 1909
  5. State Ex Rel. Heffernan v. Board of Fire & Police CommissionersWisconsin Supreme Court · 1945

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

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