Legal Opinion

State ex rel. Schuetz v. Luy

Wisconsin Supreme Court

Decided June 22, 1899PublishedCited by 3 opinions

Appeal from a judgment of the superior court of Milwaukee county: J. 0. Ludwig, Judge. Relator and defendant were opposing candidates by party nomination at the spring election of 1898 for the office of town chairman of the town of Milwaukee. The defendant was seated, upon a canvass of the votes, by a majority of twenty-four.

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Appeal from a judgment of the superior court of Milwaukee county: J. 0. Ludwig, Judge. Relator and defendant were opposing candidates by party nomination at the spring election of 1898 for the office of town chairman of the town of Milwaukee. The defendant was seated, upon a canvass of the votes, by a majority of twenty-four. Upon the trial it was shown that the inspectors at precinct No. 2 were, as alleged, all of the same political party with the defendant; that one of them misconducted himself in the manner indicated in the complaint; that the public were excluded from the booth when the…

1Opinion of the CourtDodge, J.

"While the gross irregularities and illegal acts characterizing the election and canvass of thevotps at precinct Ho. 2, and the looseness in transmitting and preserving the defective ballots, render any conclusion unsatisfactory, if not doubtful, yet it is impossible to say that the findings of the court are antagonized by any clear preponderance of the evidence. Those findings have been made after a careful trial, where the witnesses were subjected to the observation of the superior court, and other means of assurance were had which are not possible to us. The ballots which that court has…

2Cases cited4 opinions

  1. State ex rel. Spaulding v. ElwoodWisconsin Supreme Court · 1860
  2. State ex rel. Hawes v. PierceWisconsin Supreme Court · 1874
  3. State ex rel. Cremer v. SteinbornWisconsin Supreme Court · 1896
  4. Welcome v. MitchellWisconsin Supreme Court · 1892

3Cited by3 opinions

  1. Ollmann v. KowalewskiWisconsin Supreme Court · 1941
  2. State ex rel. Blodgett v. EaganWisconsin Supreme Court · 1902
  3. State ex rel. Graves v. WiegandWisconsin Supreme Court · 1933

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