Legal Opinion

State ex rel. Van Vliet v. Wilson

Wisconsin Supreme Court

Decided January 15, 1864PublishedCited by 13 opinions

MANDAMUS. This was an application for a mandamus to compel the supervisors of the town of Farmington in Jefferson county to audit the relator’s account against the town for damages done to his land in said town by the laying out of a road thereon, and to levy and collect the amount. The relation states that the relator, on the 19th of March, 1860, was owner of the south half of the north-west quarter of section 18 in said town; that Wm.

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MANDAMUS. This was an application for a mandamus to compel the supervisors of the town of Farmington in Jefferson county to audit the relator’s account against the town for damages done to his land in said town by the laying out of a road thereon, and to levy and collect the amount. The relation states that the relator, on the 19th of March, 1860, was owner of the south half of the north-west quarter of section 18 in said town; that Wm. W. Woodman and Michael Seitz were two of the supervisors of said town on that day; that application had been made to said supervisors by six freeholders of…

1Opinion of the Court

By the Court,

Cole, J.

(The first objection taken, that the relator does not in his relation state with sufficient distinctness and precision the facts establishing his right to a peremptory writ, we deem untenable. The relation is lengthy, and we shall not attempt to give a summary of its various allegations. It is sufficient to say that we consider them sufficient in form and substance.

Another ground relied on by the respondents to show that a peremptory writ should not be accorded to compel them to proceed and audit the amount of damages allowed the relator in consequence of laying out the…

2Cases cited2 opinions

  1. McCullough v. Mayor of BrooklynNew York Supreme Court · 1840
  2. People Ex Rel. Fiedler v. MeadNew York Court of Appeals · 1861

3Cited by13 opinions

  1. State ex rel. Bolens v. FrearWisconsin Supreme Court · 1912
  2. Feest v. Allis-Chalmers Corp.Wisconsin Supreme Court · 1975
  3. State ex rel. Clark v. Board of County CommissionersNebraska Supreme Court · 1877
  4. Harrison v. State Highway DepartmentSupreme Court of Georgia · 1936
  5. State ex rel. Wolff v. Board of SupervisorsWisconsin Supreme Court · 1871

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