State ex rel. Mulholland v. County Clerk of Manitowoc County
Wisconsin Supreme Court
APPEAL from the Circuit Court for Manitowoo County. The relator, the sheriff of Manitowoc county, presented for allowance certain accounts against said county to the board of supervisors thereof, at the annual session of the board in 1877. The board allowed the same at their face on the 15th of November in that year.
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APPEAL from the Circuit Court for Manitowoo County. The relator, the sheriff of Manitowoc county, presented for allowance certain accounts against said county to the board of supervisors thereof, at the annual session of the board in 1877. The board allowed the same at their face on the 15th of November in that year. During the same month, the county clerk, without any direction from the board, issued county orders to the relator for the amount thus allowed, and the county treasurer paid such orders. On the 21st of the same month, the board of supervisors reconsidered its action allowing the…
1Opinion of the CourtLyost, J.
The two judgments in form, although separately signed by the judge, are in substance and effect but one judgment, and but one appeal therefrom will lie. We must therefore dismiss one of these appeals. Young v. Groner, 22 Wis., 205; Mead v. Walker, 20 Wis., 518. The judgment really is, that a peremptory mandamus issue to the appellant, with costs to be taxed against him. Upon the appeal from the whole judgment we must necessarily review that portion which awards a peremptory writ of mandamus; and the first appeal, which is confined to that portion of the judgment, is therefore superfluous.
On…
2Cases cited3 opinions
- Mead v. WalkerWisconsin Supreme Court · 1866
- State ex rel. Treat v. RichterWisconsin Supreme Court · 1875
- Young v. GronerWisconsin Supreme Court · 1867
3Cited by2 opinions
- Reichert v. Milwaukee CountyWisconsin Supreme Court · 1914
- State ex rel. Board of School Directors v. NelsonWisconsin Supreme Court · 1899