State ex rel. Wagner v. Dahl
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane •county: E. Ray Stevens, Circuit Judge. The relator was employed as bookkeeper in the office of the state treasurer and was discharged from his employment by that officer. Incompetency and insubordination were the causes assigned for his removal. Relator procured an alternative writ of mandamus ordering the defendant .to reinstate him in his employment or show cause why he should not be reinstated.
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Appeal from a judgment of the circuit court for Dane •county: E. Ray Stevens, Circuit Judge. The relator was employed as bookkeeper in the office of the state treasurer and was discharged from his employment by that officer. Incompetency and insubordination were the causes assigned for his removal. Relator procured an alternative writ of mandamus ordering the defendant .to reinstate him in his employment or show cause why he should not be reinstated. Such writ was granted on a petition in which the relator set forth, among other things, that he was neither incompetent nor insubordinate. The…
1Opinion of the Court
Ba&nes, <T,
It is a well-nigh, universal rule that where no ‘definite term of office is fixed by law the power to remove an incumbent is an incident to the power to appoint, in the ab•sence of some constitutional or statutory provision to the contrary. Ex parte Hennen, 13 Pet. 230; Parsons v. U. S. 167 U. S. 324, 17 Sup. Ct. 880; and collection of cases in 37 Cent. Dig., title “Officers,” § 9, and in 29 Cyc., same title, 1371, note 72. Our law does not regard an office as a property right. Ueither is the right to hold office a vested one. State ex rel. Starkweather v. Superior, 90 Wis. 612,…
2Cases cited25 opinions
- Ex Parte Duncan N. HennenSupreme Court of the United States · 1839
- Parsons v. United StatesSupreme Court of the United States · 1897
- State ex rel. Fourth National Bank of Philadelphia v. JohnsonWisconsin Supreme Court · 1899
- State ex rel. Cook v. HouserWisconsin Supreme Court · 1904
- State ex rel. Gill v. Common Council of WatertownWisconsin Supreme Court · 1859
20 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Ekern v. McGovernWisconsin Supreme Court · 1913
- Gray v. McLendonSupreme Court of Georgia · 1910
- Adie v. Mayor of HolyokeMassachusetts Supreme Judicial Court · 1939
- State ex rel. Shaw v. FrazierNorth Dakota Supreme Court · 1918
- State Ex Rel. Lyon v. RhameSupreme Court of South Carolina · 1912
17 more not listed; retrieve them via the Exa API.