Legal Opinion

State ex rel. Gill v. Common Council of Watertown

Wisconsin Supreme Court

Decided August 7, 1859PublishedCited by 55 opinions

WRIT OR MANDAMUS. The relation in this case sets forth that Gill was appointed by the commissioners of schools of the city of Watertown, in May, 1859, to the office of superintendent of schools in that city; and had qualified and entered upon the duties of the office, which was one of trust and profit.

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WRIT OR MANDAMUS. The relation in this case sets forth that Gill was appointed by the commissioners of schools of the city of Watertown, in May, 1859, to the office of superintendent of schools in that city; and had qualified and entered upon the duties of the office, which was one of trust and profit. On the 1st day of June he was served with a notice to answer certain charges, before the common’council of the city, in writing, on the fifth; and that the common council would hear the proofs, &c., on the 13th, at their council room ; and take such action in the matter as might be deemed…

1Opinion of the Court

By the Court,

Paine, J.

This is a mandamus sued out by the relator to compel the common council of the city of Wa-tertown to restore him to the office of superintendent of schools of that city. The relation sets forth that he was duly appointed to the office, and that certain charges were made against him, of which he had notice, and to which he made answer under oath, and that after being heard before the council, without any further proof being produced, he was removed. It also avers that all of these charges related to his conduct in the office during a prior term, and not to anything done…

2Cases cited4 opinions

  1. Attorney General ex rel. Taylor v. BrownWisconsin Supreme Court · 1853
  2. Fuller v. Trustees of the Academic School in PlainfieldSupreme Court of Connecticut · 1827
  3. People ex rel. Griffin v. SteeleNew York Supreme Court · 1848
  4. Howard v. GageMassachusetts Supreme Judicial Court · 1810

3Cited by55 opinions

  1. State ex rel. Hart v. Common CouncilSupreme Court of Minnesota · 1893
  2. Ekern v. McGovernWisconsin Supreme Court · 1913
  3. Karow v. Milwaukee County Civil Service CommissionWisconsin Supreme Court · 1978
  4. Terrell v. GreeneTexas Supreme Court · 1895
  5. Union Iron Works v. Industrial Accident CommisionCalifornia Supreme Court · 1922

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