Ekern v. McGovern
Wisconsin Supreme Court
A.ppeaa from an order of tbe circuit court for Dane county: E. Rat Stevens, Circuit Judge. Action for equitable relief respecting forcible disturbance of tbe plaintiff in tbe possession of tbe office of insurance commissioner.
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A.ppeaa from an order of tbe circuit court for Dane county: E. Rat Stevens, Circuit Judge. Action for equitable relief respecting forcible disturbance of tbe plaintiff in tbe possession of tbe office of insurance commissioner. Tbe case, as primary matter, involved tbe right of peaceable possession by tbe plaintiff of tbe office of insurance commissioner pending determination of tbe validity of removal proceedings whereby be bad been, in form, removed from tbe office. . The facts being regarded in some particulars as peculiar and without precedent, and also to some degree the propositions of…
1Opinion of the CourtMarshall, J.
We will endeavor, so far as practicable, to' discuss this case, separating it into logical order of subjects involved, and first give attention to the dominant reason assigned by the trial court for the order complained of.
I
There is no controversy before us but that the decision below, to the effect that the courts should not and cannot properly interfere with the action of the executive of. a state within the scope of his authority, is sound doctrine, as the language used was probably .intended to be understood. Eor *196mere error of judgment on the part of the governor in doing .what he has a…
2Cases cited118 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- Windsor v. McVeighSupreme Court of the United States · 1876
- State v. CarrollSupreme Court of Connecticut · 1871
- Ex Parte Duncan N. HennenSupreme Court of the United States · 1839
- Roller v. HollySupreme Court of the United States · 1900
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3Cited by108 opinions
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- La Prade v. Department of Water & PowerCalifornia Supreme Court · 1945
- Simpson v. StantonWest Virginia Supreme Court · 1937
- State ex rel. Wehe v. FrazierNorth Dakota Supreme Court · 1921
- State v. StehlekWisconsin Supreme Court · 1953
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