Legal Opinion

State ex rel. O'Neill v. Trask

Wisconsin Supreme Court

Decided March 31, 1908PublishedCited by 11 opinions

Appeal from a judgment of the circuit court for Dane count3r: E. Ray Stevews, Circuit Judge. The relator and the defendant were candidates for the office of alderman from the Ninth ward in the city of Madison at an election held on the 2d day of April, 1901. The canvassing board determined that the defendant had received 158 votes and the relator 157 votes and issned a certificate of election to the defendant.

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Appeal from a judgment of the circuit court for Dane count3r: E. Ray Stevews, Circuit Judge. The relator and the defendant were candidates for the office of alderman from the Ninth ward in the city of Madison at an election held on the 2d day of April, 1901. The canvassing board determined that the defendant had received 158 votes and the relator 157 votes and issned a certificate of election to the defendant. The complaint alleges that twelve of the votes cast for the defendant were illegal. The evidence showed that Isaac Stein, who voted for the defendant, was not a legal voter, not having…

1Opinion of the CourtSiebeckeR, J.

The court rejected the votes of Mr. Town-sley and Mr. Kailin, which the inspectors of election had received and counted in favor of the defendant. There is no dispute that they were qualified electors of such ward on election day and that they were not enrolled on the registry of electors for this election district. On election day they offered their ballots and respectively delivered their affidavits to the election officers, stating that they were residents of the ward, citizens of the United States (or that they had de-*336dared their intention, to become such citizens), that they were of…

2Cases cited7 opinions

  1. State ex rel. Cothren v. LeanWisconsin Supreme Court · 1859
  2. State ex rel. Wood v. BakerWisconsin Supreme Court · 1875
  3. State ex rel. Soutter v. Common Council of the MadisonWisconsin Supreme Court · 1861
  4. State v. HilmantelWisconsin Supreme Court · 1867
  5. State ex rel. Bancroft v. StumpfWisconsin Supreme Court · 1869

2 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Franklin v. HarperSupreme Court of Georgia · 1949
  2. State ex rel. Symmonds v. BarnettWisconsin Supreme Court · 1923
  3. Fitzmaurice v. WillisNorth Dakota Supreme Court · 1910
  4. McEwen v. PrinceSupreme Court of Minnesota · 1914
  5. Clayton v. PrinceSupreme Court of Minnesota · 1915

6 more not listed; retrieve them via the Exa API.

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