Legal Opinion

State v. Jones

Wisconsin Supreme Court

Decided January 29, 1907PublishedCited by 14 opinions

Appeal from a judgment of the circuit court for Oconto county: Samuel D. HastiNgs, Circuit Judge. The appeal is from a judgment ousting the appellant from' the office of county judge of Oconto county. They contended, inter alia, that the offices of county judge and justice of the peace are not incompatible. State ex rel. Barnhill v. Thompson, 122 EF. 0. 493, 29 S. E. 720; State ex rel.

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Appeal from a judgment of the circuit court for Oconto county: Samuel D. HastiNgs, Circuit Judge. The appeal is from a judgment ousting the appellant from' the office of county judge of Oconto county. They contended, inter alia, that the offices of county judge and justice of the peace are not incompatible. State ex rel. Barnhill v. Thompson, 122 EF. 0. 493, 29 S. E. 720; State ex rel. Walker v. Bus, 135 Mo. 325, 33 L. E. A. 616, 620; Opinion of Justices, 3 Me. 484; Bamford v. Melvin, 7 Me. 14; State ex rel. Murphy v. Towiisend, 72 Ark. 180. The offices must subordinate, one with the other,…

1Opinion of the CourtTimlin, J.

This action was begun October 12, 1905, and was tried upon an agreed statement of facts establishing that on April 2, 1901, the appellant was elected county judge of Oconto county, qualified, and entered upon the discharge of the duties of that office January 6, 1902. While holding said office and on April 4,1905, he was elected to the office of justice of the peace in the city of Oconto in said county, and accepted the latter office and entered upon the discharge of its *574duties on May 1, 1905. Appellant was xe-eleeted county judge on April 4, 1905, for the term beginning on the first Monday…

2Cases cited4 opinions

  1. People Ex Rel. Ryan v. . GreenNew York Court of Appeals · 1874
  2. State ex rel. Walker v. BusSupreme Court of Missouri · 1896
  3. State Ex Rel. Metcalf v. GoffSupreme Court of Rhode Island · 1887
  4. State ex rel. Knox v. HadleyWisconsin Supreme Court · 1859

3Cited by14 opinions

  1. People Ex Rel. Chapman v. RapseyCalifornia Supreme Court · 1940
  2. People Ex Rel. Deputy Sheriffs' Ass'n v. County of Santa ClaraCalifornia Court of Appeal · 1996
  3. State ex rel. Johnson v. NyeWisconsin Supreme Court · 1912
  4. People Ex Rel. Goodell v. GarrettCalifornia Court of Appeal · 1925
  5. State ex rel. Crawford v. AndersonSupreme Court of Iowa · 1912

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