Legal Opinion

Hamilton v. Department of Industry, Labor & Human Relations

Wisconsin Supreme Court

Decided January 3, 1973No. 249PublishedCited by 17 opinions

1Opinion of the CourtBeilfuss, J.

We believe the single broad issue to be:

Did the circuit court lack subject-matter jurisdiction under sec. 227.16 (1), Stats., to review the April 16, 1971, order of the department, which order dismissed the appellant’s complaint?

If we accept the fact that the petition was not filed until June 14, 1971 (the date the clerk accepted it and placed his file mark upon it), then the order of the department was final and the court no longer could obtain jurisdiction. We believe the crucial issue to be whether under the procedural facts of this case we should deem the petition was filed within the…

2Cases cited7 opinions

  1. Brachtl v. Department of RevenueWisconsin Supreme Court · 1970
  2. Bailey v. CostelloWisconsin Supreme Court · 1896
  3. State v. DicksonWisconsin Supreme Court · 1972
  4. Pacific National Fire Insurance v. IrmigerWisconsin Supreme Court · 1949
  5. Broadbent v. HeggeWisconsin Supreme Court · 1969

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

3Cited by17 opinions

  1. Wisconsin's Environmental Decade, Inc. v. Public Service CommissionWisconsin Supreme Court · 1978
  2. Cruz v. Department of Industry, Labor & Human RelationsWisconsin Supreme Court · 1978
  3. Cudahy v. Department of RevenueWisconsin Supreme Court · 1974
  4. Claflin v. Department of Natural ResourcesWisconsin Supreme Court · 1973
  5. County of Milwaukee v. State, Labor & Industry Review CommissionCourt of Appeals of Wisconsin · 1987

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

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