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

• Citation: 108 Wis. 163,84 N.W. 149
• Parties: STATE EX REL. W. G. TAYLOR CO. v. ELLIOTT, JUDGE.
• Decision Date: 16 November 1900
• Court: United States State Supreme Court of Wisconsin

108 Wis. 163

84 N.W. 149

STATE EX REL. W. G. TAYLOR CO.

v.ELLIOTT, JUDGE.

Supreme Court of Wisconsin.

Nov. 16, 1900.

Original mandamus by the state, on the relation of the W. G. Taylor Company, against Eugene S. Elliott, judge, to set aside and vacate an order granting a change of venue. Writ denied.Winkler, Flanders, Smith, Bottum & Vilas, for relator.

Turner, Pease & Turner, for respondent.

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 certiorari 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 v. Johnson, 105 Wis. 164, 83 N. W. 320. 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. So ordered.