State ex rel. Wunderlich v. Kalkofen
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Langlade county: Jobot GoodlaND, Circuit Judge. Mandamus action against the supervisors and clerk of the town of Eolling, Langlade county, to compel the issuance to the relator of a town order for $58.23. There was a petition upon which an alternative writ of mandamus was issued, stating this in substance: The petitioner having a claim against the town of Eolling duly presented the same to the town board of audit of such town…
Read the full summary
Appeal from a judgment of the circuit court for Langlade county: Jobot GoodlaND, Circuit Judge. Mandamus action against the supervisors and clerk of the town of Eolling, Langlade county, to compel the issuance to the relator of a town order for $58.23. There was a petition upon which an alternative writ of mandamus was issued, stating this in substance: The petitioner having a claim against the town of Eolling duly presented the same to the town board of audit of such town for allowance at the regular’meeting of such board in March, 1902, and it was disallowed. The amount was $58.23. At the…
1Opinion of the CourtMaeshaxl, J.
It seems that the trial court rightly treated the proceedings on the part of appellants and their attitude in submitting the cause for decision, as was done, as in effect a concession that the allegations of the relation were true and consent to have the case turn on whether respondent was entitled to a town order enabling him to obtain from the town treasurer the money raised by taxation for his benefit. The return of the supervisors was quite evasive, looking at the equivocal nature of the denials as to the allegations of the relation respecting the money to pay respondent’s claim having…
2Cases cited7 opinions
- State ex rel. Risch v. Board of Trustees of the Policemen's Pension FundWisconsin Supreme Court · 1904
- State ex rel. Board of School Directors v. NelsonWisconsin Supreme Court · 1899
- Frey v. City of Fond du LacWisconsin Supreme Court · 1869
- Sharp v. City of MaustonWisconsin Supreme Court · 1896
- State ex rel. School District No. 2 v. WolfromWisconsin Supreme Court · 1870
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State ex rel. Shea v. CockingMontana Supreme Court · 1923
- State Ex Rel. Ryan v. PietrzykowskiWisconsin Supreme Court · 1969
- State ex rel. Weingart v. Board of Officers of the Central SocietyWisconsin Supreme Court · 1911
- State Ex Rel. Lathers v. SmithWisconsin Supreme Court · 1943
- Stamper v. HopkinsWisconsin Supreme Court · 1924
1 more not listed; retrieve them via the Exa API.