Legal Opinion
Eisenberg v. Department of Industry, Labor & Human Relations
Wisconsin Supreme Court
Decided June 5, 1973No. 177PublishedCited by 12 opinions
1Opinion of the CourtHanley, J.
The sole issue on this appeal is whether the Department of Industry, Labor & Human Relations could be compelled to grant petitioner’s request for the fixing of an attorney’s fee.
Mandamus is an extraordinary legal remedy and the petitioner must establish that it is based on a clear, specific legal right which is free from substantial doubt. Will v. H&SS Department (1969), 44 Wis. 2d 507, 511, 512, 171 N. W. 2d 378. The writ will issue only to compel performance by a public officer of a duty which he is bound by law to perform. State ex rel. Racine County v. Schmidt (1959), 7 Wis. 2d 528, 534,…
2Cases cited6 opinions
- West v. BrashearSupreme Court of the United States · 1840
- M. & M. Realty Co. v. Industrial CommissionWisconsin Supreme Court · 1954
- State Ex Rel. Racine County v. SchmidtWisconsin Supreme Court · 1959
- Will v. Department of Health & Social ServicesWisconsin Supreme Court · 1969
- Cranston v. Industrial CommissionWisconsin Supreme Court · 1944
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Karow v. Milwaukee County Civil Service CommissionWisconsin Supreme Court · 1978
- Lake Bluff Housing Partners v. City of South MilwaukeeWisconsin Supreme Court · 1995
- State Ex Rel. Lewandowski v. CallawayWisconsin Supreme Court · 1984
- State Ex Rel. Collins v. American Family Mutual InsuranceWisconsin Supreme Court · 1990
- Gross v. Midwest Speedways, Inc.Wisconsin Supreme Court · 1977
7 more not listed; retrieve them via the Exa API.