State ex rel. Radl v. Shaughnessey
| Decision Date | 30 January 1894 |
| Citation | 86 Wis. 646,57 N.W. 1105 |
| Parties | STATE EX REL. RADL v. SHAUGHNESSEY, JUSTICE OF THE PEACE. |
| Court | Wisconsin Supreme Court |
OPINION TEXT STARTS HERE
Relation of Charles Radl to try the title of F. M. Shaughnessey as justice of the peace in and for the city of Portage. Writ denied.Rublee A. Cole, for relator.
F. M. Shaughnessey is an acting justice of the peace in Portage. As such justice, he issued a summons, which was served upon the relator, in favor of Charles Chislow. The relator contends that Shaughnessey was appointed by the common council of Portage to fill a vacancy caused by the resignation of another, and that the common council had no authority to make such appointment; and he, therefore, seeks in this proceeding to have Shaughnessey's title to such office determined by this court in this action. There can be no question but what the circuit court has jurisdiction, upon a proper application, in such a case. Const. art. 7, § 8; Rev. St. § 3463 et seq. Since the decision in Attorney General v. Chicago & N. W. Ry. Co., 35 Wis. 425, 521, et seq., this court has refused to take original jurisdiction in the class of cases mentioned in section 8, art. 7, of the constitution, except where it affects the state at large, this court judging of the contingency, in each case, for itself. State v. Baker, 38 Wis. 71, 77;State v. St. Croix Boom Corp., 60 Wis. 565, 19 N. W. 396. The question here presented does not so affect the state at large. The writ is denied.
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