State ex rel. McGrael v. Phelps
Wisconsin Supreme Court
ActioN invoking tbe original jurisdiction of tbis court to-compel tbe board of county canvassers of Milwaukee county to certify tbe names of tbe petitioners as those of tbe regular nominees of the Democratic party in said county, entitled te have their names placed on tbe official ballot as such for the general election in 1910. The petition, by appropriate allegations, shows that at the last primary election each petitioner received the greatest number of votes cast thereat…
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ActioN invoking tbe original jurisdiction of tbis court to-compel tbe board of county canvassers of Milwaukee county to certify tbe names of tbe petitioners as those of tbe regular nominees of the Democratic party in said county, entitled te have their names placed on tbe official ballot as such for the general election in 1910. The petition, by appropriate allegations, shows that at the last primary election each petitioner received the greatest number of votes cast thereat for any one to be the Democratic party candidate for the particular county office for which be was a candidate at such…
1Opinion of the Court
The following opinion was filed December 14, 1910:
Maeshall, J.
The first ground of demurrer, counsel assume was passed upon on the application for leave to sue in this court. Not so, except so, far as to enable the parties to raise all questions by appropriate pleadings. However, no reason occurs to the court why it should not exercise jurisdiction, and, as counsel have not argued the matter, it is passed as usual without more than an incidental notice.
The second ground of demurrer challenges the constitutionality of ch. 477, Laws of 1909, in that it precludes any person from having his name…
2Cases cited34 opinions
- United States v. FreemanSupreme Court of the United States · 1845
- People ex rel. Attorney General v. Utica InsuranceNew York Supreme Court · 1818
- State ex rel. Milwaukee Medical College v. ChittendenWisconsin Supreme Court · 1906
- Nunnemacher v. StateWisconsin Supreme Court · 1906
- People Ex Rel. Smith v. PeaseNew York Court of Appeals · 1863
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3Cited by79 opinions
- State ex rel. Bolens v. FrearWisconsin Supreme Court · 1912
- Koy v. SchneiderTexas Supreme Court · 1920
- Ekern v. McGovernWisconsin Supreme Court · 1913
- State ex rel. Attorney General v. DonaldWisconsin Supreme Court · 1915
- Harris v. ShanahanSupreme Court of Kansas · 1963
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