Doyle v. Wisconsin

On motion to set aside proceedings in execution of a judgment of the Supreme Court of the State of Wisconsin.

On the fifteenth day of August, 1876, the Supreme Court of Wisconsin rendered a judgment ordering that 'a peremptory writ of mandamus do forthwith issue out of and under the seal of the court, to be directed to the respondent [plaintiff in error], commanding him, and in his absence the assistant secretary of State, forthwith, within twenty-four hours after the service of the writ,' to recall the license given by him to the Continental Insurance Company of the city of New York to do business in that State. The writ was issued and served on the same day, and on the next, Aug. 16, its command was obeyed. On the 10th October, 1876, this writ of error was sued out in due form, and bond given to operate as a supersedeas.

The plaintiff in error now moves that all the proceedings in execution of the judgment within ten days after its rendition may be vacated and set aside, and that all further process be stayed.

Argued, for the plaintiff in error, by Mr. William Allen Butler and Mr. I. C. Sloan, who cited Slaughter-House Cases, 10 Wall. 273; Telegraph Co. v. Eyser, 19 id. 419; Board of Commissioners v. Gorman, id. 661; Kitchen v. Randolph, 93 U.S. 86.

Mr. Charles W. Felker, contra.

MR. CHIEF JUSTICE WAITE delivered the opinion of the court.