State ex rel. Tesch v. Von Baumbach
Wisconsin Supreme Court
This was an action of quo warranto, brought in this court by the attorney general, in the name of the state, on the relation of Tesch, to determine by what warrant the 'defendant held the office of treasurer of the city of Milwaukee, and to determine also-the title of the relator to the same office.
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This was an action of quo warranto, brought in this court by the attorney general, in the name of the state, on the relation of Tesch, to determine by what warrant the 'defendant held the office of treasurer of the city of Milwaukee, and to determine also-the title of the relator to the same office. The answer admits that at an election held in the city of Milwaukee on the 3d day of April, 1880, for the election, among other officers, of a treasurer of said city for the year ensuing the second Tuesday of that month, the relator received a majority of all the votes cast for any person for that…
1Opinion of the Court
By the Court,
DixoN, C. J.
Conceding the correctness of the principles laid down by the court in Barker vs. The People, 3 Cow., 686, still, we think the defendant is entitled to judgment on the demurrer. The discussion in that case was directed to the power of the legislature to establish arbitrary tests and qualifications for offices created by the constitution, which the constitution did not require, and which were repugnant to its provisions; and neither the arguments nor the opinion went beyond that question. As to all such offices and public trusts, to which the people, in the exercise of…
2Cases cited1 opinion
- Barker v. PeopleNew York Supreme Court · 1824
3Cited by10 opinions
- State ex rel. Bolens v. FrearWisconsin Supreme Court · 1912
- State ex rel. Lamar v. DillonSupreme Court of Florida · 1893
- State ex rel. Buell v. FrearWisconsin Supreme Court · 1911
- State v. DouglasWisconsin Supreme Court · 1870
- Fordyce v. State ex rel. KelleherWisconsin Supreme Court · 1902
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