State ex rel. Rock v. Taylor
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Columbia county: R. G. Siebeokee, Circuit Judge. This was an application for a peremptory mandamus. Certain proceedings were instituted before the circuit court for Columbia county to incorporate as a village certain territory lying wholly within the town of 'Wyocena, in that county, to be known as the village of Pardeeville, pursuant to secs. 854G859, S. & B. Ann. Stats., and the acts amend-atory thereof.
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Appeal from a judgment of the circuit court for Columbia county: R. G. Siebeokee, Circuit Judge. This was an application for a peremptory mandamus. Certain proceedings were instituted before the circuit court for Columbia county to incorporate as a village certain territory lying wholly within the town of 'Wyocena, in that county, to be known as the village of Pardeeville, pursuant to secs. 854G859, S. & B. Ann. Stats., and the acts amend-atory thereof. On the 28th day of December, 1894, the circuit court made an order therein incorporating said village pursuant to sec. 861, S. & R. Ann.…
1Opinion of the CourtPinney, J.
Subsequent to the rendition of the judgment appealed from, in In re Village of North Milwaukee, 93 Wis. 616, this court held that the provisions of the statutes (secs. 854-866, S. & B. Ann. Stats.) for the incorporation of villages were unconstitutional and void. Whether, upon this proceeding by mandamus, it is open to the appellant to attack the validity of such proceedings for that reason, inasmuch as the relator, the president of the village, seeks, on its behalf, to establish a title in it to part of the common property by virtue of such proceedings, it is not necessary to determine, nor…
2Cases cited2 opinions
- In re Incorporation of Village of North MilwaukeeWisconsin Supreme Court · 1896
- State ex rel. Nye v. WeingartenWisconsin Supreme Court · 1896
3Cited by1 opinion
- State ex rel. Town of Princeton v. MaikWisconsin Supreme Court · 1902