State ex rel. Leonard v. Rosenthal
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: LawbeNCE W. Halsey, Circuit Judge. This is an action of quo warranto brought by the relator to remove from the office of assessor of the village of’West Allis the respondent, August Rosenthal.
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Appeal from a judgment of the circuit court for Milwaukee county: LawbeNCE W. Halsey, Circuit Judge. This is an action of quo warranto brought by the relator to remove from the office of assessor of the village of’West Allis the respondent, August Rosenthal. The complaint, after alleging the corporate existence of the village of West Allis, and the fact that the relator was a resident and elector of said village on the 7th of April, 1903, alleges that an election for village officers was held on the last-named date, and that prior to said election the relator was duly nominated for ,the…
1Opinion of the CourtWinslow, J.
The appellant’s contentions will be considered seriatim:
I. It is provided by sec. 3468, Stats. 1898, among other things, that in actions of this nature it shall be necessary for the relator to state in his complaint “the actual number of legal votes cast for the relator and for the defendantThe *447complaint before us does not state, either directly or by implication, the actual number of legal votes cast for the defendant. Where a statute imperatively requires a complaint to state a certain fact, such averment is essential to the cause of action. M. E. Church v. N. P. R. Co. 78 Wis. 131, 47 N.…
2Cases cited11 opinions
- Gilleland v. SchuylerSupreme Court of Kansas · 1872
- Kreitz v. BehrensmeyerIllinois Supreme Court · 1888
- State ex rel. Hopkins v. OlinWisconsin Supreme Court · 1868
- Lauer v. EstesCalifornia Supreme Court · 1898
- State ex rel. Bell v. ConnessWisconsin Supreme Court · 1900
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3Cited by12 opinions
- Speas v. Merchants Bank & Trust Co.Supreme Court of North Carolina · 1924
- Baros v. KazmierczwkNew Mexico Supreme Court · 1961
- First National Bank v. FordWyoming Supreme Court · 1923
- Hunt v. EureSupreme Court of North Carolina · 1925
- State ex rel. Dithmar v. BunnellWisconsin Supreme Court · 1907
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