Legal Opinion

State ex rel. Jones v. Oates

Wisconsin Supreme Court

Decided December 29, 1893PublishedCited by 49 opinions

APPEAL from the Circuit Court for Grant County. Mandamus to compel delivery of the moneys, records, books, papers, seals, and other property belonging to the. office of the clerk of the circuit court for La Fayette county.

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APPEAL from the Circuit Court for Grant County. Mandamus to compel delivery of the moneys, records, books, papers, seals, and other property belonging to the. office of the clerk of the circuit court for La Fayette county. It appears by the relation that the relator and the appellant tvere rival candidates for said office at the general election held November 8, 1892, the appellant then being the incumbent of said office; that the county canvassers decided that the relator received 2,343 votes, and the appellant 2,342 votes, and the county clerk thereupon issued to relator a certificate- of…

1Opinion of the CourtWinslow, J.

It clearly appears by the statements of the-relation and the expressed or implied admissions in the return that the relator was declared elected to the office of clerk of the circuit court of La Fayette county by the county board of canvassers of that county; that he received the proper certificate of election to that office; and that he qualified therefor as required by law; also that the defendant was the former incumbent of the office, and has retained possession of the same after the expiration of his term without certificate, commission, or other semblance of authority or right, but he…

2Cases cited8 opinions

  1. People ex rel. Cummings v. HeadIllinois Supreme Court · 1861
  2. State ex rel. Atherton v. SherwoodSupreme Court of Minnesota · 1870
  3. People ex rel. Manning v. New York C. P.New York Supreme Court · 1835
  4. Crowell v. LambertSupreme Court of Minnesota · 1865
  5. Supervisors of La Pointe v. O'MalleyWisconsin Supreme Court · 1879

3 more not listed; retrieve them via the Exa API.

3Cited by49 opinions

  1. Ekern v. McGovernWisconsin Supreme Court · 1913
  2. Sterling v. FergusonTexas Supreme Court · 1932
  3. Ridout v. StateTennessee Supreme Court · 1930
  4. Krickbaum's Contested ElectionSupreme Court of Pennsylvania · 1908
  5. State ex rel. Butler v. CallahanNorth Dakota Supreme Court · 1895

44 more not listed; retrieve them via the Exa API.

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