State ex rel. Schumacher v. Markham
Wisconsin Supreme Court
Appeal from orders of the circuit court for Dodge county: George Grimm, Circuit Judge. This is an action brought under the Corrupt Practices Act (secs. 94 — 1 to 94 — 35, Stats. 1913) to try the title to the-office of district attorney, it being alleged that the defendant violated the act during the primary campaign of 1913 by purchasing intoxicating liquors for voters and in other ways.
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Appeal from orders of the circuit court for Dodge county: George Grimm, Circuit Judge. This is an action brought under the Corrupt Practices Act (secs. 94 — 1 to 94 — 35, Stats. 1913) to try the title to the-office of district attorney, it being alleged that the defendant violated the act during the primary campaign of 1913 by purchasing intoxicating liquors for voters and in other ways. The complaint was before this court on a former appeal (160 Wis. 431, 152 1ST. W. 161) and was sustained. Three orders are now appealed from, viz.: (1) an.order requiring the complaint to be made more…
1Opinion of the CourtWinslow, C. J.
In this case it is held:
1. An order requiring a complaint to be made more definite and certain is not appealable under the present appeal statute. O’Connell v. Smith, 101 Wis. 68, 76 N. W. 1116.
2. The object of this statutory action is to oust the defendant from his office because of alleged criminal misconduct in the primary campaign and such ouster is manifestly a penalty or forfeiture equally with a forfeiture of money or prop■erty. See opinions upon former appeal. 160 Wis. 431, 152 N. W. 161.
3. Being an action to enforce a penalty or forfeiture for criminal misconduct, the defendant…
2Cases cited4 opinions
- Boyd v. United StatesSupreme Court of the United States · 1886
- Karel v. ConlanWisconsin Supreme Court · 1913
- State ex rel. Schumacher v. MarkhamWisconsin Supreme Court · 1915
- O'Connell v. SmithWisconsin Supreme Court · 1898
3Cited by8 opinions
- Ashley v. Three Justices of the Superior CourtMassachusetts Supreme Judicial Court · 1917
- State ex rel. La Follette v. KohleeWisconsin Supreme Court · 1930
- Hawley v. WallaceSupreme Court of Minnesota · 1917
- State Ex Rel. Skibinski v. TadychWisconsin Supreme Court · 1966
- Motowski v. People's Dentists of WisconsinWisconsin Supreme Court · 1924
3 more not listed; retrieve them via the Exa API.