22 Wis. 101 | Wis. | 1867
Tbis is an application for an alternative writ of mandamus, to be directed to tbe treasurer of tbe city of Oshkosh, commanding bim to pay over certain moneys in bis bands belonging to tbe board of education, for its use and for tbe use of tbe common schools of said city, or sbow cause, etc. Tbe application must be denied.
By a rule adopted at tbe June term of tbis court, 1865, it was, among other things, provided that writs of mandamus “ will be granted in those cases in which tbe circuit court has concurrent jurisdiction with tbis court,' only where some good reason is shown why tbe application is not made to tbe circuit court.” Tbe object of tbis rule is manifest. It is to require parties, in mandamus eases, to apply in tbe first instance to tbe circuit court for relief, unless there is something in tbe nature of tbe application which renders it necessary that tbe writ should issue from tbis court. Tbe practice has become common, of applying to tbis court for writs of mandamus against tbe various local officers of tbe state; and it is obvious that in most cases tbe ends of justice would be equally well promoted, while perhaps tbe convenience
In this case, we see no reason for granting the writ. It is true, it is stated in the relation that the circuit judge of the tenth circuit is a resident of the city of Oshkosh, and, as the relators are informed and believe, has expressed some opinion in regard to the refusal of the treasurer to pay the orders therein named drawn upon him, and as to the right of the legislature to set apart and appropriate any portion of the funds raised in said city for a high school building, and for the support of common schools of the city, for state normal school purposes. But we do not think that these allegations afford any ground for this court issuing the writ. It is not claimed that the circuit judge is disqualified from trying the cause by reason of interest, or because he happens to be a resident of the city of Oshkosh. But the relators have been informed that the judge has expressed an opinion in regard to some of the matters or questions involved. But what was this opinion, and under what circumstances was it given ? From the fact that application is made to this court for a writ against the treasurer, it may perhaps be assumed that the judge — if he ever expressed any opinion upon the subject — expressed one contrary to the views entertained by
By the Court. — The application for the writ is denied.