State ex rel. Spaulding v. Elwood
Wisconsin Supreme Court
APPLICATION for a Mandamus. An. alternative writ of mandamus was issued in tliis case, requiring tlie defendant, who was the register of deeds of Green Lake county, to record a certain deed for land alleged to be situate in that county, which had been offered to him for registration, or show cause, &c.
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APPLICATION for a Mandamus. An. alternative writ of mandamus was issued in tliis case, requiring tlie defendant, who was the register of deeds of Green Lake county, to record a certain deed for land alleged to be situate in that county, which had been offered to him for registration, or show cause, &c. The question in con-trovers3r was, whether the territory of the town and city of Ripon, in which said land was situate, had been detached from the county of Fond du Lac, and annexed to the county of Green Lake, under an act of the legislature which declared said territory to be so detached and…
1Opinion of the Court
By the Court,
Cole, J.
To the answer or return made to the alternative writ in this case, the relator has taken several objections by his demurrer. But without attempting to notice all these objections in detail, we will state that we consider them untenable. In the first place, it is insisted that the return is insufficient in substance, and shows no legal excuse or justification, for the respondent’s refusal to record the deed mentioned in the writ. The return sets up and relies upon the official canvass, made by the proper canvassing board, from which it appears that a majority of the votes…
2Cases cited1 opinion
- Attorney-General ex rel. Carpenter v. ElyWisconsin Supreme Court · 1856
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