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STATE EX REL. SULLIVAN v. BOOS

23 Wis.2d 98 (1964)

STATE EX REL. SULLIVAN, Appellant, v. Boos, County Auditor of Milwaukee County, Respondent.

Supreme Court of Wisconsin.

March 6, 1964.

Attorney(s) appearing for the Case

For the appellant there were briefs by Schmus & Panosian of West Allis, and oral argument by George A. Schmus.

For the respondent there was a brief by Robert P. Russell, corporation counsel of Milwaukee county, and C. Stanley Perry of Milwaukee, and oral argument by Mr. Perry.

FAIRCHILD, J.

1. The auditor's standing to question constitutionality. Relator argues that the county auditor is a ministerial officer, without authority to withhold his signature because of his doubts concerning the constitutionality of an ordinance or statute which appears on its face to require the particular disbursement. The ordinance in question, on its face, appears to require the payment demanded by relator. Sec. 252.071, Stats. 1959, on its face, appears...

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