State ex rel. Wheeler v. Nobles
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: J. 0. Ludwig,.Judge. Quo warranto to try title to the office of school district clerk of district No. 11 of the town of "Wauwatosa. The case was tried by the court without a jury. Findings of fact were made which are not challenged. Briefly stated, they are as follows: Eelator and defendant are qualified electors of said school district.
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Appeal from a judgment of the superior court of Milwaukee county: J. 0. Ludwig,.Judge. Quo warranto to try title to the office of school district clerk of district No. 11 of the town of "Wauwatosa. The case was tried by the court without a jury. Findings of fact were made which are not challenged. Briefly stated, they are as follows: Eelator and defendant are qualified electors of said school district. Eelator was treasurer, his term of office expiring on the'first Monday of July, 1900. A meeting of the electors was held July 3, 1899. Part of the business was the election of a clerk. A…
1Opinion of the CourtBaRdeeN, J.
Relator’s attempt to resign his office by tendering his resignation to the electors of the district at the annual meeting was ineffectual. His term of office continued until a year thereafter. To vacate his office by resignation, he must follow the plan laid out by the statute. Sec. 961, Stats. 1898, provides that the resignation of a school district officer shall be made to the district board. Such officers cannot resign in any other way.
But it is said that he has vacated and abandoned his office; that his attempt to resign and his public acceptance of the office of clerk completely…
2Cases cited3 opinions
- Jones v. City of JeffersonTexas Supreme Court · 1886
- Badger v. United States Ex Rel. BollesSupreme Court of the United States · 1877
- People ex rel. Illinois Midland Railway Co. v. Supervisor of Barnett TownshipIllinois Supreme Court · 1881
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- Cragin v. FrohmillerArizona Supreme Court · 1934
- People Ex Rel. Rosenberg v. KeatingSupreme Court of Colorado · 1944
- State ex rel. Kleinsteuber v. KoteckiWisconsin Supreme Court · 1913
- State Ex Rel. LeBuhn v. WhiteSupreme Court of Iowa · 1965
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