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STATE EX REL. RYAN v. PIETRZYKOWSKI

No. 204.

42 Wis.2d 457 (1969)

167 N.W.2d 242

STATE EX REL. RYAN and wife, Petitioners and Appellants, v. PIETRZYKOWSKI, Clerk of the Town of Kronenwetter, and others, Defendants and Respondents: ANDERSON and others, Intervening Defendants and Respondents.

Supreme Court of Wisconsin.

Decided May 6, 1969.

Attorney(s) appearing for the Case

For the appellants there was a brief and oral argument by Larry W. Rader of Wausau.

For the defendants-respondents there was a brief and oral argument by Arthur C. Kordus of Schofield.

For the intervening defendants-respondents there was a brief by Crooks, Crooks & Low of Wausau, and oral argument by Patrick L. Crooks.

HALLOWS, C. J.

We agree with the trial court that the scope of the mandamus action could not properly encompass the license of August 15th because that license was not in existence at the time of the petitioners' application for the writ.

In State ex rel. Racine County v. Schmidt (1959), 7 Wis.2d 528, 534, 97 N.W.2d 493, this court approved the rule stated in State ex rel. Board of Education v. Hunter (1901...

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