State ex rel. Leiser v. Koch
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: LaweeNCe W. Halsey, Circuit Judge. The judgment appealed from awarded to the relator a peremptory writ of mandamtbs commanding the building inspeo tor of Milwaukee to issue a permit for the alteration of a certain building in said city. It followed an order sustaining a demurrer to the return to the alternative writ. They cited, among other authorities, Laws of 1887 (vol.
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Appeal from a judgment of the circuit court for Milwaukee county: LaweeNCe W. Halsey, Circuit Judge. The judgment appealed from awarded to the relator a peremptory writ of mandamtbs commanding the building inspeo tor of Milwaukee to issue a permit for the alteration of a certain building in said city. It followed an order sustaining a demurrer to the return to the alternative writ. They cited, among other authorities, Laws of 1887 (vol. II), ch. 459; Milwaukee I. Co. v. Schubel, 29 Wis. 444; Stale ex rel. Heller v. Lawler, 103 Wis. 460, 79 N. W. 777; State ex rel. Buchanan v. Kellogg, 95 Wis.…
1Opinion of the CourtTimlin, J.
The petition or relation upon which the al temative wilt of manidamus, seeking to enforce the issue of a permit for repair of a certain building, was issued contained no statement that there was enacted, or that there existed, an ■ordinance of the city imposing a duty upon the building inspector to issue such permit. Much less does it disclose that .such duty was absolute or the action thereunder ministerial. The averment is as follows:
“Your petitioner further alleges and shows to the court that on the 10th day of July, A. D. 1907, pursuant to the ordinances of the city of Milwaukee, he made…
2Cases cited10 opinions
- City of Buffalo v. . HollowayNew York Court of Appeals · 1852
- State ex rel. Cuppel v. Milwaukee Chamber of CommerceWisconsin Supreme Court · 1879
- Decker v. McSorleyWisconsin Supreme Court · 1901
- Stittgen v. RundleWisconsin Supreme Court · 1898
- McCune v. Norwich City Gas Co.Supreme Court of Connecticut · 1862
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Laun v. KippWisconsin Supreme Court · 1914
- Williams v. Journal Co.Wisconsin Supreme Court · 1933
- State v. City of MilwaukeeWisconsin Supreme Court · 1911
- Jennaro v. JennaroWisconsin Supreme Court · 1971
- O'Brien v. Fred Kroner Hardware Co.Wisconsin Supreme Court · 1921
4 more not listed; retrieve them via the Exa API.