Legal Opinion

State ex rel. Coffey v. Chittenden

Wisconsin Supreme Court

Decided January 7, 1902PublishedCited by 27 opinions

Appeal from a judgment of the circuit court for Milwaukee county: Eugene S. Elliott, Circuit Judge. Action for a peremptory writ of mandamus to compel the state board of dental examiners to license the relator to practice dentistry in the state of Wisconsin.

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Appeal from a judgment of the circuit court for Milwaukee county: Eugene S. Elliott, Circuit Judge. Action for a peremptory writ of mandamus to compel the state board of dental examiners to license the relator to practice dentistry in the state of Wisconsin. The petition, in the main, is as follows, omitting formal parts: On May 11, 1901, the relator was duly awarded a diploma by the department of dental surgery of the Wisconsin College of Physicians and Surgeons, of Milwaukee, Wisconsin. He had. taken three full courses of lectures of seven months each, the last two being at such college. It…

1Opinion of the CourtMarshall, J.

It is elementary that in mandamus proceedings to coerce a judicial officer or any person or board in the exercise of judicial or quasi-judicial power, the sole legitimate purpose thereof is to set such person or board in motion; to command him or it to act, not how to act, to exercise the judicial power vested in him or it; not to control as to the conclusion to be reached. State ex rel. Buchanan v. Kellogg, 95 Wis. 672; State ex rel. Fourth Nat. Bank v. Johnson, 103 Wis. 591, 623; State ex rel. Chasmey v. Teal, 72 Minn. 37; Merrill, Mandamus, 40. Where there is no reasonable ground to…

2Cases cited8 opinions

  1. State ex rel. Fourth National Bank of Philadelphia v. JohnsonWisconsin Supreme Court · 1899
  2. Illinois State Board of Dental Examiners v. People ex rel. CooperIllinois Supreme Court · 1887
  3. People ex rel. Sheppard v. Illinois State Board of Dental ExaminersIllinois Supreme Court · 1884
  4. Sleeper v. Van MiddlesworthNew York Supreme Court · 1847
  5. State ex rel. Buchanan v. KelloggWisconsin Supreme Court · 1897

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3Cited by27 opinions

  1. Borgnis v. Falk Co.Wisconsin Supreme Court · 1911
  2. State ex rel. Milwaukee Medical College v. ChittendenWisconsin Supreme Court · 1906
  3. State ex rel. Cook v. HouserWisconsin Supreme Court · 1904
  4. Norris v. Cross, Secretary of StateSupreme Court of Oklahoma · 1909
  5. Ex Parte WhitleyCalifornia Supreme Court · 1904

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