Prince v. McCarty
| Decision Date | 23 September 1884 |
| Citation | 20 N.W. 655,61 Wis. 3 |
| Court | Wisconsin Supreme Court |
| Parties | PRINCE v. MCCARTY. |
OPINION TEXT STARTS HERE
Appeal from circuit court, Ashland county.
Knight & Hayes, for appellant, E. F. Prince.
Miles & Merrill, for respondent, John McCarty.
The respondent was county clerk of Ashland county. The board of supervisors of that county assumed to remove him from such office, and appointed the appellant in his place. The respondent refused to deliver to the appellant the books and papers pertaining to the office, and the latter instituted proceedings before the circuit judge under Rev. St. c. 43, to compel him to do so. The judge denied the relief sought. This is an appeal by Prince from the order of the judge in that behalf. The respondent now moves to dismiss the appeal.
This is a special statutory proceeding before the circuit judge, upon whom the statute confers powers not conferred by the common law. It is not a proceeding at chambers which the court may review, for the statute confers no authority upon the court in respect to it. It is not, therefore, a special proceeding under Rev. St. p. 713, §§ 2593-2596, inclusive, because it is not a proceeding in the court, (section 2593,) and hence an order made therein is not appealable under section 3069, § 2. The term “special proceedings” is used in that section as defined in the other sections above cited, and does not include proceedings to compel delivery of official books and papers under chapter 43. The appellant has mistaken his remedy.
Appeal dismissed.
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Ellinger v. Equitable Life Assur. Soc. of U.S.
...for a discovery is properly called a special proceeding, and so defined by the statute.” Witter v. Lyon, 34 Wis. 574. In Prince v. McCarty, 61 Wis. 3, 20 N. W. 655, it was held that the term “special proceedings,” as used in subdivision 2 of section 3069 of the Revised Statutes of 1898, is ......
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Anderson v. Matthews
... ... Smith, 1 S. D., 28; Black ... Hills v. Grd. Isl., 2 Id., 546; Holden v. Haserodt, 3 S ... D., 4; Post v. Carpenter, 2 Fla., 441; Prince v ... McCarty, 61 Wis. 3; Stewart v. Allen, 68 Id., ... 61; State v. Brownell, 80 Id., 563; Sufferin v ... Chisholm, 1 Wash. Ter., 486; Sheldon ... ...
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State ex rel. Velie v. Morgan
...but one before a special statutory tribunal not proceeding according to the course of the common law, nor as a court. Prince v. McCarty, 61 Wis. 3, 20 N. W. 655. No method of direct review is provided either by appeal or by application to the court from which such magistrate derives his pow......
- McCarty v. Bd. of Sup'rs of Ashland Co.