State ex rel. Phelps v. Goldthwaite
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dodge County. This was an action in the nature of a quo warranto, to determine the right to the office of county superintendent of school's of one of the senate districts of Dodge county; The relator Phelps claimed in his complaint to have been elected to the office in question for the 18th senate district at an election held in November 1861, and that previous to such election it was given out and understood that he would be a candidate for…
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APPEAL from the Circuit Court for Dodge County. This was an action in the nature of a quo warranto, to determine the right to the office of county superintendent of school's of one of the senate districts of Dodge county; The relator Phelps claimed in his complaint to have been elected to the office in question for the 18th senate district at an election held in November 1861, and that previous to such election it was given out and understood that he would be a candidate for that office in such district, and that the defendant was at such election a candidate for the same office and received…
1Opinion of the Court
By the Court,
Paine, J.
It is generally true that a person eligible to an office must be an elector qualified to vote for such officer. And perhaps, in this case, if the city of Beaver *149Dam bad been absolutely excluded from participating in the election of the county superintendent of sebools, or from any supervision and control of that officer during bis entire term, a reasonable construction of the law would imply a disqualification of a resident of that city to bold that office. But such was not the case. On the contrary, the city was a part of the district for which such officer was elected.…
2Cases cited1 opinion
- Attorney-General ex rel. Carpenter v. ElyWisconsin Supreme Court · 1856
3Cited by7 opinions
- State ex rel. Smith v. AndersonSupreme Court of Florida · 1890
- State ex rel. Schumacher v. MarkhamWisconsin Supreme Court · 1915
- Hawes v. MillerSupreme Court of Iowa · 1881
- State ex rel. Valentine v. GriffeyNebraska Supreme Court · 1876
- State ex rel. Cremer v. SteinbornWisconsin Supreme Court · 1896
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