State ex rel. Redenius v. Waggenson
Wisconsin Supreme Court
'Appeal from an order of the circuit court for Monro© county: E. W. Helms, Judge. Mandamus proceedings to require drainage commissioner» to repair the ditch under their charge. An alternative writ of mandamus was issued in due form which, on motion duly made, was quashed because (1) tlm facts stated as a basis for the proceedings were insufficient;. (2) such facts were insufficient to show relator to be entitled to prosecute the proceedings.
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'Appeal from an order of the circuit court for Monro© county: E. W. Helms, Judge. Mandamus proceedings to require drainage commissioner» to repair the ditch under their charge. An alternative writ of mandamus was issued in due form which, on motion duly made, was quashed because (1) tlm facts stated as a basis for the proceedings were insufficient;. (2) such facts were insufficient to show relator to be entitled to prosecute the proceedings. The facts relied upon are, in brief, as follows: Relator is-the owner of certain lands through which a portion of a drainage system has been constructed…
1Opinion of the CourtMaesiiall, J.
Appellant’s counsel present this appeal as if, since appellant has a clear legal right to have the drainage ditch repaired, the alternative writ, by which it was sought to enforce such right, should not have been quashed. It does not necessarily follow, because a person has a clear legal right which can only be effective by the act of another, that it is the clear duty of the latter to perform such act at the particular time and in the particular manner such person may demand it. It is fundamental that both conditions must exist; the right and the duty to act, before the extraordinary remedy…
2Cases cited9 opinions
- State ex rel. Sloan v. WarnerWisconsin Supreme Court · 1882
- State ex rel. Spaulding v. ElwoodWisconsin Supreme Court · 1860
- State ex rel. Board of Education v. HunterWisconsin Supreme Court · 1901
- State ex rel. Gericke v. Mayor of AhnapeeWisconsin Supreme Court · 1898
- State ex rel. Pfister v. Mayor of ManitowocWisconsin Supreme Court · 1881
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Steele v. Locke Cotton Mills Co.Supreme Court of North Carolina · 1950
- State Ex Rel. Mueller v. PowersWisconsin Supreme Court · 1974
- Silgen v. City of Fond du LacWisconsin Supreme Court · 1937
- Olson v. HonettSupreme Court of Minnesota · 1916
- Elkhorn Area School District v. East Troy Community School DistrictCourt of Appeals of Wisconsin · 1985
4 more not listed; retrieve them via the Exa API.