In re Salter

Decided April 17, 1906

Wisconsin Supreme Court · decided 1906-04-17

Incorporation of villages: Appeal and error: Appealable orders: Certiorari: When writ does not-lie. 1. An order incorporating a village under secs. 854-866, Stats. 1898, is a final order made in a special proceeding, and lienee appeal-able. 2. An appeal from an order incorporating a village under secs. 854-866, Stats. 1898, is an adequate remedy, and lienee certiorari will not lie to review sucIl an order.

Cited by 1 later decisions — most recently February 1907

1 state decisions

Relies on State ex rel. Chicago & Northwestern Railway Co. v. Oshkosh, Algoma & Black Wolf Railroad

Good law ✅— No negative treatment on recordhow we know

Writ quashed · Decided 1906-04-17

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¶1The following opinion was filed January 30, 1906:

EerwiN, J.

¶2This is a certiorari proceeding issued out of this court to review the proceedings of the circuit court for Marathon county in a special proceeding for the incorporation of a village under secs. 854^866, Stats. 1898. The relators appeared upon the hearing in the circuit court and made several objections, claiming that the court had no jurisdiction. These objections were overruled, and after hearing the court made an order incorporating the village of Unity. The order is a final order made by the court in a special'proceeding, and hence was appealable. An appeal from such an order is an adequate remedy, and where such remedy exists certiorari will not lie. State ex rel. C. & N. W. R. Co. v. Oshkosh, A. & B. W. R. Co. 100 Wis. 538, 77 N. W. 193, and cases cited.

¶3By the Court. — The writ of certiorari is quashed.

¶4A motion for a rehearing was denied April 17, 1906.