20 Wis. 87 | Wis. | 1865
The defendant moves to discharge and set aside the rule to show cause why a peremptory writ of mandamus should not issue. This motion must be regarded as a demurrer, and the statements of the relator taken as true.
The attorney for the defendant, in support of the motion, insists that the writ should not be granted where there is any other clear legal remedy, and that there is such remedy by pursuing the same course to collect a judgment against the city as to collect judgments against towns. He cites Crane v. Fond du
The case of Crane v. Fond du Lac was decided without oral argument, and without due deliberation, and is overruled.
It appears to us that a sufficient demand and refusal is alleged by the relator; and it does not appear from any law or the charter of the city that the common council have not the power to raise by tax money to pay the judgment of the relator. If they have not, théy can show this by way of answer.
By the Court.- — The motion is overruled, and leave given to answer in twenty days.