MORRISSETTE v. DeZONIA

No. 23.

63 Wis.2d 429 (1974)

217 N.W.2d 377

MORRISSETTE and others, Appellants, v. DeZONIA and others, Members of the School Board of Joint School District No. 8, Respondents.

Supreme Court of Wisconsin.

Decided May 7, 1974.


Attorney(s) appearing for the Case

For the appellants there was a brief by Jonathan D. Jackson, Jr., attorney, and John J. Heim, guardian ad litem for appellant minors, both of Madison, and oral argument by Mr. Jackson.

For the respondents there was a brief by Edwin Conrad, Madison city attorney, and Gerald C. Kops, assistant city attorney of Madison, and oral argument by Mr. Kops.


WILKIE, J.

The preliminary issue here is whether mandamus is a proper remedy in this case.

A writ of mandamus lies to compel public officers to perform their prescribed statutory duties.1

". . . Mandamus, however, is an extraordinary remedy and will not lie if there is another adequate and specific remedy at law (Underwood v. Karns (1963), 21 Wis.2d 175, 124 N.W.2d 116), or if...

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