Fordyce v. State ex rel. Kelleher
Wisconsin Supreme Court
ERROR to review a judgment of the circuit court for Price county: E. W. Helms, Judge. Aepeal from an order of the circuit court for Price county r, James J. Dice, Judge. This action is quo warranto to determine the right of Elizabeth H. Fordyce to hold the office of county superintendent of' schools of Price county, Wisconsin. It was brought by the-relator, as a resident and taxpayer.
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ERROR to review a judgment of the circuit court for Price county: E. W. Helms, Judge. Aepeal from an order of the circuit court for Price county r, James J. Dice, Judge. This action is quo warranto to determine the right of Elizabeth H. Fordyce to hold the office of county superintendent of' schools of Price county, Wisconsin. It was brought by the-relator, as a resident and taxpayer. The relation alleges that the defendant received the greater number of votes at the November election in 1900, and was given a certificate of election ; that she never was eligible to said office, and that her…
1Opinion of the CourtBaedeeh, J.
This action is one under ch. 149, Stats. 1898, upon the relation of a citizen and taxpayer of Price county. It is plainly a proceeding in the nature of a civil action, although in the name of the state. State ex rel. Wood v. Baker, 38 Wis. 71; Slate ex rel. Att’y Gen. v. Portage C. W. Co. 107 Wis. 441, 83 N. W. 697; Ames v. Kansas, 111 U. S. 449, 4 Sup. Ct. 437. The claim, therefore, that it is a quasi criminal action, and one in which a change of venue cannot be secured, must be overruled. The statute (sec. 3466) specifically authorizes the action to be brought in the name of the state by a…
2Cases cited19 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Ames and Others v. State of Kansas Ex Rel. Johnston. Kansas Pac. Ry Co. v. SameSupreme Court of the United States · 1884
- Nesbit v. Riverside Independent DistrictSupreme Court of the United States · 1892
- State ex rel. Attorney-General v. CovingtonOhio Supreme Court · 1876
- State ex rel. Wood v. BakerWisconsin Supreme Court · 1875
14 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- In Re Hon. Charles E. KadingWisconsin Supreme Court · 1975
- Boughton v. PriceIdaho Supreme Court · 1950
- State v. BohnerWisconsin Supreme Court · 1933
- State ex rel. Workman v. GoldthaitIndiana Supreme Court · 1909
- State ex rel. Buell v. FrearWisconsin Supreme Court · 1911
20 more not listed; retrieve them via the Exa API.