State ex rel. Field v. Saxton

11 Wis. 27

Opinion

By the Court,

Coue, J.

The motion made in this case by the respondent, to quash the alternative writ, must be denied. Proceedings by a writ of mandamus is the proper remedy to compel a sheriff, or other county officer, to keep his office at the county seat. In answer to such an action commenced by an alternative writ, the respondent may set up as a defense, that the county seat has not been removed from one place to another, by a vote of the people; or any other proper defense which he may have to the action. There is no more proper manner to test the validity of an election to remove a county seat, than by proceedings in mandamus. It is the remedy which has frequently been pursued in this state.

* The respondent may have leave to file an answer within three days.