State ex rel. Field v. Saxton
This text of 11 Wis. 27 (State ex rel. Field v. Saxton) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
By the Court,
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.
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11 Wis. 27, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-field-v-saxton-wis-1860.