State ex rel. Schertz v. Spiegel
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Shaw-ano county. Edgar V. Werner, Circuit Judge. This action was begun by relator on March 9, 1919, when he filed a petition for a peremptory writ of mandamus commanding the defendants to provide transportation for the school children of district No. 5, including relator’s children, and to enter into contract with some suitable person for such transportation as provided in sec. 40.16 of the Statutes of 1917'. The petition…
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Appeal from a judgment of the circuit court for Shaw-ano county. Edgar V. Werner, Circuit Judge. This action was begun by relator on March 9, 1919, when he filed a petition for a peremptory writ of mandamus commanding the defendants to provide transportation for the school children of district No. 5, including relator’s children, and to enter into contract with some suitable person for such transportation as provided in sec. 40.16 of the Statutes of 1917'. The petition alleges that at an annual school meeting of district No. 5 in July, 1918, and at an adjournment thereof held on August 1,…
1Opinion of the CourtSiebecker, J.
The trial court held that the remedy by mandamus would be fruitless in this case because the relief sought could not be enforced when the proceeding came to an issue and hearing on the original petition. The law (sub. (1) (c), sec. 40.16, Stats.) provides that when all schools are suspended in a school district by vote of the electors, the school board shall “provide transportation to and from school for a period of at least six months during the school year ... for all children between the ages of six and sixteen residing more than one mile from-the nearest school.” The facts alleged show…
2Cases cited3 opinions
- State ex rel. Runge v. AndersonWisconsin Supreme Court · 1898
- State ex rel. Smith v. DrakeWisconsin Supreme Court · 1892
- State ex rel. Treat v. HammelWisconsin Supreme Court · 1907
3Cited by1 opinion
- State v. SeymourWisconsin Supreme Court · 1964