Legal Opinion

State ex rel. Skogstad v. Anderson

Wisconsin Supreme Court

Decided December 4, 1906PublishedCited by 8 opinions

Appeal from an order of tbe circuit court for Trempea-leau county: J. J. Ebuit, Circuit Judge. Appeal from order quashing writ of certiorari sued out by the relator as an individual taxpayer on behalf of himself and other taxpayers similarly situated to review and annul the decision of an appellate jury appointed by the county judge of Trempealeau county to review the award of damages to one Anders Anderson resulting from the opening of a highway through his premises upon an…

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Appeal from an order of tbe circuit court for Trempea-leau county: J. J. Ebuit, Circuit Judge. Appeal from order quashing writ of certiorari sued out by the relator as an individual taxpayer on behalf of himself and other taxpayers similarly situated to review and annul the decision of an appellate jury appointed by the county judge of Trempealeau county to review the award of damages to one Anders Anderson resulting from the opening of a highway through his premises upon an application signed by Skogstad and other residents, Anderson being appellant— the alleged grounds of invalidity in the…

1Opinion of the CourtDodge, J.

Tbe writ of certiorari is not a writ of right, but is issued only in tbe discretion of tbe court as an extraordinary process when other and ordinary remedies are inadequate. Harris, Certiorari, § 43; Knapp v. Heller, 32 Wis. 467; State ex rel. Schintgen v. La Crosse, 101 Wis. 208, 77 N. W. 167; State ex rel. Meggett v. O'Neill, 104 Wis. 227, 80 N. W. 447; State ex rel. Hallauer v. Gosnell, 116 Wis. 606, 619, 93 N. W. 542. It cannot issue save upon the relation of a party to the record sought to be re*230viewed, either in name, or in substance in the sense that the decision sought to be reviewed…

2Cases cited9 opinions

  1. State ex rel. Milwaukee Medical College v. ChittendenWisconsin Supreme Court · 1906
  2. State ex rel. Schintgen v. Mayor of La CrosseWisconsin Supreme Court · 1898
  3. State ex rel. Meggett v. O'NeillWisconsin Supreme Court · 1899
  4. State ex rel. Hallauer v. GosnellWisconsin Supreme Court · 1903
  5. Knapp v. HellerWisconsin Supreme Court · 1873

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

3Cited by8 opinions

  1. State Ex Rel. Westlake v. District Court of First Judicial District Ex Rel. Lewis & Clark CountyMontana Supreme Court · 1946
  2. City of Appleton v. Town of MenashaWisconsin Supreme Court · 1988
  3. State Ex Rel. Hron Bros. v. City of Port WashingtonWisconsin Supreme Court · 1953
  4. State Bank of Outlook v. Sheridan CountyMontana Supreme Court · 1924
  5. Joint School District No. 1 v. BoydWisconsin Supreme Court · 1955

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

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