State ex rel. W. G. Taylor Co. v. Elliott

84 N.W. 149, 108 Wis. 163, 1900 Wisc. LEXIS 174

• Court: Wisconsin Supreme Court
• Decided: November 16, 1900
• Status: Published

Opinion

Dodge, J.

Application for alternative writ of mandamus ■commanding the circuit judge of Milwaukee county to set aside and vacate an order entered by that court changing the venue of a certain action. The relief sought is properly obtainable, if at all, on certiorari. Existence of an order made contrary to law is the only claimed infringement of relator’s rights, and the only relief he seeks is the extinguishment of that order. The judgment upon certio-rari is either affirmance or reversal of such order; and the latter, if relator is entitled to it, is complete and direct relief. Counsel has apparently been misled as to his remedy by the fact that a command to vacate certain orders was. included in the mandamus issued in State ex rel. Fourth Nat. Bank v. Johnson, 105 Wis. 164. But in that proceeding the-principal relief sought and granted was a mandate to enter certain specified orders, and the vacation of others was merely ancillary and to enable the commanded order to take-effect. For these reasons the motion for an alternative writ, of mandamus is denied.

By the Court.— So ordered.