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…
1DissentBaeNes, J.
The order appealed from should be affirmed for two reasons: (1) Because the certificate of appointment held by Mr. Anderson gave him the prima, facie right to the office and the right to the possession thereof until the question of title was tried in an appropriate proceeding brought for that purpose, and (2) because the governor had the right under sec. 970', Stats., to remove Mr. Ekern without hearing or notice, and the courts have no jurisdiction to pass upon the sufficiency or insufficiency of the evidence on which action was taken, and Mr. Anderson was both the de facto and de jure…
2Cases cited64 opinions
- Fletcher v. PeckSupreme Court of the United States · 1810
- State ex rel. Durner v. HueginWisconsin Supreme Court · 1901
- Shurtleff v. United StatesSupreme Court of the United States · 1903
- State ex rel. Milwaukee Medical College v. ChittendenWisconsin Supreme Court · 1906
- Wilson v. North CarolinaSupreme Court of the United States · 1898
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