State ex rel. Vanderwall v. Mayor of Phillips
Wisconsin Supreme Court
Apeeal from an order of the circuit court for Price county: John E. Parish, Circuit Judge. Mandamus against the mayor, common council, and street committee of Phillips. The petition sets forth, in effect, that petitioner is a citizen, resident, property owner, and taxpayer of the city of Phillips; that said, city is a city of the fourth class, organized and existing under ch. 40 a, Stats.
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Apeeal from an order of the circuit court for Price county: John E. Parish, Circuit Judge. Mandamus against the mayor, common council, and street committee of Phillips. The petition sets forth, in effect, that petitioner is a citizen, resident, property owner, and taxpayer of the city of Phillips; that said, city is a city of the fourth class, organized and existing under ch. 40 a, Stats. (189S) ; that by vote duly taken the city dispensed with the board of public works, and their duties devolved upon and are exercised by a committee of the common council known as the street committee; that…
1Opinion of the CourtUuRwiN, J.
Giving the record before us the most favorable construction it will bear upon the facts admitted by the demurrer to the return to the writ of mandamus, it shows simply an attempt by the petitioner to’compel the common council to proceed with the performance of its quasi-judicial or legislativa duties respecting the construction of a sewer. This is plain from the alternative writ and return thereto. The question, therefore, is whether mcmdamus will be awarded for such purpose. The duty of providing for and constructing sewers by a municipality is a quasi-judicial or legislative power involving…
2Cases cited8 opinions
- State ex rel. Gill v. Common Council of WatertownWisconsin Supreme Court · 1859
- State ex rel. Comstock v. Joint School District No. 1 of ArcadiaWisconsin Supreme Court · 1886
- Hart v. City of NeillsvilleWisconsin Supreme Court · 1905
- State ex rel. Martin v. DoyleWisconsin Supreme Court · 1875
- Barnum v. FitzpatrickWisconsin Supreme Court · 1860
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Anderson v. Pittsburgh Coal Co.Supreme Court of Minnesota · 1909
- State ex rel. Wagner v. DahlWisconsin Supreme Court · 1909
- AvalonBay Communities, Inc. v. Sewer CommissionSupreme Court of Connecticut · 2004
- State ex rel. Davern v. RoseWisconsin Supreme Court · 1909
- Stephenson v. Common CouncilMichigan Supreme Court · 1921