State ex rel. Zilisch v. Auer

Decision Date23 January 1929
Citation223 N.W. 123,197 Wis. 284
CourtWisconsin Supreme Court
PartiesSTATE EX REL. ZILISCH ET AL. v. AUER, SCHOOL DISTRICT CLERK.
OPINION TEXT STARTS HERE

Action by the State, on the relation of G. F. Zilisch and others, against Otto Auer, School District Clerk. From an adverse decision, defendant appeals. Brief amicus curiæ and reply thereto ordered stricken from files.--[By Editorial Staff.]

See, also, 221 N. W. 860.

PER CURIAM.

After the time for filing and serving briefs on motion for rehearing had expired, a brief amicus curiæ was filed. No application for leave to file this brief was made. It appears from the statement contained in briefs of the opposite party that the brief was not served. We are, however, informed that failure to serve the brief was due to inadvertence of counsel who supposed the brief had been served. The filing of briefs amicus curiæ without first obtaining leave of the court is irregular and contrary to the rules and practice of this court. Briefs amicus curiæ will not hereafter be received or considered unless leave to serve and file be first granted. The brief filed and the reply thereto will be stricken from the files.

It is so ordered.

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36 cases
  • Kukor v. Grover
    • United States
    • Wisconsin Supreme Court
    • February 22, 1989
    ... ... residents of the City and County of Milwaukee, State of ... Wisconsin, by Howard B. Schoenfeld, their Guardian ad Litem, ... were also known to the framers of the 1848 constitution, see State ex rel. Zimmerman v. Dammann (1930), 201 Wis. 84, 88, 89, 228 N.W. 593, and State ...         State ex rel. Zilisch v. Auer, 197 Wis. 284, 289-90, 223 N.W. 123 (1928) (emphasis added). The ... ...
  • Buse v. Smith
    • United States
    • Wisconsin Supreme Court
    • November 30, 1976
    ...as practicable' to mean was discussed by this court in State ex rel. Zilisch v. Auer (1928), 197 Wis. 284, 289, 290, 221 N.W. 860, 862, 223 N.W. 123, wherein it was '. . . An examination of the debates in the conventions that framed our present constitution and the constitution of 1846 (whi......
  • Vincent v. Voight
    • United States
    • Wisconsin Supreme Court
    • July 11, 2000
    ...of instruction" at the district schools. Id. at 566 (quoting State ex rel. Zilisch v. Auer, 197 Wis. 284, 289-90, 221 N.W. 860, 223 N.W. 123 (1928)). The court further stated that "[e]quality of opportunity for education is equated with the right of all school children to attend a public sc......
  • Davis v. Grover, 90-1807
    • United States
    • Wisconsin Supreme Court
    • March 3, 1992
    ...and their boundaries fixed." Kukor v. Grover, 148 Wis.2d 469, 486, 436 N.W.2d 568 (1989) (citing State ex rel. Zilisch v. Auer, 197 Wis. 284, 289-90, 223 N.W. 123 (1928)). Furthermore, the Kukor court concluded that "character of instruction" refers to that of "district schools" and is legi......
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