State ex rel. Briesen v. Barden
Wisconsin Supreme Court
APPEAL from the Circuit Court for Columbia County. The facts are stated in the opinion. argued, among other things, that a ballot is merely a written vote in contradistinction to’ one viva voee, and as used in the constitution the word has its common-law meaning — nothing more nor less. It has never been held, in the absence of a statute, that a mark or word on the outside of a ballot vitiated and destroyed it. Cush. Leg. Assem. sec. 103; Mechem, Pub.
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APPEAL from the Circuit Court for Columbia County. The facts are stated in the opinion. argued, among other things, that a ballot is merely a written vote in contradistinction to’ one viva voee, and as used in the constitution the word has its common-law meaning — nothing more nor less. It has never been held, in the absence of a statute, that a mark or word on the outside of a ballot vitiated and destroyed it. Cush. Leg. Assem. sec. 103; Mechem, Pub. Off. sec. 191; State ex rel. MilUeam v. Phillips, 63 Tex. 390. Courts have uniformly been governed by the intention of the voter, in…
1Opinion of the CourtObtoN, J.
The demurrer ore tenus, or the defendant’s objection to any evidence under the complaint, on the ground that it does not state facts sufficient to entitle the relator to recover, by stipulation stood as a general demurrer on the same ground, and as such was overruled, and the defendant has appealed to this court from said order.
This is a proceeding in quo wa/rrcmto to inquire by what right the defendant holds and exercises the office of county judge of the county of Columbia in this state. The complaint states, in substance, that at an election held in the several election districts in said…
2Cases cited1 opinion
- State ex rel. Holden v. TierneyWisconsin Supreme Court · 1868
3Cited by5 opinions
- Board of Ed. of Oklahoma City v. WoodworthSupreme Court of Oklahoma · 1923
- Smith & Son, Inc. v. Town of HartfordSupreme Court of Vermont · 1938
- Ex parte OwensSupreme Court of Alabama · 1906
- Smith v. KiblingWisconsin Supreme Court · 1897
- (1974), Wisconsin Attorney General Reports1974