Legal Opinion

State ex rel. Cremer v. Steinborn

Wisconsin Supreme Court

Decided March 27, 1896PublishedCited by 7 opinions

Appeal from a judgment of the circuit court for Monro© county: O. B. WtmaN, Circuit Judge. This action was brought to determine the right to .the office of town treasurer of the town of Jefferson, in Monro.© county. At the- annual town meeting in that town, in April, 1894, 255 votes were cast for the office of town treasurer. Of these 122 were counted for Cornelius H. Cremer, Sr., the relator.

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Appeal from a judgment of the circuit court for Monro© county: O. B. WtmaN, Circuit Judge. This action was brought to determine the right to .the office of town treasurer of the town of Jefferson, in Monro.© county. At the- annual town meeting in that town, in April, 1894, 255 votes were cast for the office of town treasurer. Of these 122 were counted for Cornelius H. Cremer, Sr., the relator. These included a few ballots cast for C. H. Cremer, without the designation of “ Sr.” or “ Jr.” Seven were for C. JEL Cremer, Jr., and one hundred and twenty-six were for the appellant. The seven votes…

1Opinion of the CourtNewman, J.

Doubtless, parol evidence was competent to show for which Oremer the ballots which failed to designate were intended to be cast. The evidence disclosed a latent ambiguity in them. But, clearly, there was no defect or ambiguity in the seven ballots which designated O. H. Oremer,. Jr., as the person voted for; and the parol evidence failed to disclose any defect or ambiguity. On the contrary, it did disclose the pertinence and force of the abbreviation “ Jr.” in pointing out which of the two of the same name was intended. Instead of disclosing an ambiguity in the ballots, it showed that they…

2Cases cited5 opinions

  1. People Ex Rel. Smith v. PeaseNew York Court of Appeals · 1863
  2. People, ex rel. Eastman v. SeamanNew York Supreme Court · 1848
  3. Attorney-General ex rel. Carpenter v. ElyWisconsin Supreme Court · 1856
  4. State ex rel. Spaulding v. ElwoodWisconsin Supreme Court · 1860
  5. State ex rel. Phelps v. GoldthwaiteWisconsin Supreme Court · 1862

3Cited by7 opinions

  1. National Federation of Railway Workers v. National Mediation BoardCourt of Appeals for the D.C. Circuit · 1940
  2. McCreery v. BurnsmierIllinois Supreme Court · 1920
  3. Duncan v. County Court of Cabell CountyWest Virginia Supreme Court · 1953
  4. State ex rel. Schuetz v. LuyWisconsin Supreme Court · 1899
  5. Turner v. JudahNew Mexico Supreme Court · 1955

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