State ex rel. Merrill v. School Land Commissioners
Wisconsin Supreme Court
APPLICATION POR MANDAMUS. The application was for a mandamus, to compel the school land commissioners to annul an order made by them to vacate an entry of lands made by Henry Merrill, the relator.
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APPLICATION POR MANDAMUS. The application was for a mandamus, to compel the school land commissioners to annul an order made by them to vacate an entry of lands made by Henry Merrill, the relator. The relation set forth that on the 1st of October, 1853, he examined the plats in the office of the commissioners, to see what lands were vacant, and subject to entry; and that he found' no pre-emptions, on the lots he desired to enter, on file in the office, and finding the lots vacant, he entered them in his own name, and the certificates of purchase were issued to him in the usual form by the…
1Opinion of the Court
By the Court,
Paine, J.
On looking into the papers in this case, we are satisfied that the issue sent to the circuit and tried, was an immaterial issue. ' The question of fact that should be presented, is whether the improvements were paid for by Merrill within the two years after the sale to him, as the statute requires, and not whether he furnished evidence to the commissioners of such payment.
The answer in its present form is defective, and if it had been demurred to, the demurrer would have been sustained. But *202as an immaterial issue was joined and tried, and the counsel for the respondent…
2Cited by2 opinions
- State ex rel. Sloan v. WarnerWisconsin Supreme Court · 1882
- Chicago & North-Western Railway Co. v. GossWisconsin Supreme Court · 1863