State ex rel. City of Manitowoc v. Green
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Manito-woc county: E. B. Beldeit, Judge. This is an action of mandamus to compel the school hoard of Joint School.District No. 1 of the city and town of Mani-towoc to turn over to the city all property belonging to the district or show canse to the contrary.
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Appeal from a judgment of the circuit court for Manito-woc county: E. B. Beldeit, Judge. This is an action of mandamus to compel the school hoard of Joint School.District No. 1 of the city and town of Mani-towoc to turn over to the city all property belonging to the district or show canse to the contrary. The defendants having made return to the writ and the relator having made answer to such return and the issues so formed having been tried by the court, at the close of the trial the court found as matters of fact, in effect: (1) That the city is a municipal corporation of the third class,…
1Opinion of the CourtCassoday, C. J.
The view we have taken of this case makes it unnecessary to consider all the questions discussed by counsel.
1. It is claimed on the part of the defendants that the relator has mistaken his remedy — that if he has any remedy it is by quo warranto and not by mandamus.
“The proceeding by quo warranto is the proper and appropriate remedy for trying and determining the title to a public office and of ascertaining who is entitled to hold it, of obtaining the possession of an office to which, one has been legally elected and has become duly qualified to hold, and also of removing an incumbent who has…
2Cases cited8 opinions
- State ex rel. Jones v. OatesWisconsin Supreme Court · 1893
- Hall v. City of MadisonWisconsin Supreme Court · 1906
- Brown v. PhillipsWisconsin Supreme Court · 1888
- State ex rel. McCoale v. KerstenWisconsin Supreme Court · 1903
- State ex rel. Mercer v. SullivanWisconsin Supreme Court · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Ekern v. McGovernWisconsin Supreme Court · 1913
- State ex rel. Oaks v. BrownWisconsin Supreme Court · 1933
- State ex rel. Grant School District No. 4 v. School BoardWisconsin Supreme Court · 1958
- Commonwealth Telephone Co. v. Public Service CommissionWisconsin Supreme Court · 1935
- State Ex Rel. City of West Allis v. ZawerschnikWisconsin Supreme Court · 1957