Legal Opinion

State ex rel. Chandler v. Main

Wisconsin Supreme Court

Decided January 15, 1863PublishedCited by 23 opinions

ACTION OR QUO WARRANTO. The complaint alleged in substance, that at an election held in Dane county, in Nov. 1862, for the election of a sheriff of said county, the relator received four thousand legal votes, and the respondent three thousand eight hundred and forty-two votes, whereby the relator became and was elected 'to said office, that he had qualified as such, and that the respondent had intruded into and usurped said office, and still continued to do so, and that his…

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ACTION OR QUO WARRANTO. The complaint alleged in substance, that at an election held in Dane county, in Nov. 1862, for the election of a sheriff of said county, the relator received four thousand legal votes, and the respondent three thousand eight hundred and forty-two votes, whereby the relator became and was elected 'to said office, that he had qualified as such, and that the respondent had intruded into and usurped said office, and still continued to do so, and that his claim thereto was based on the fact that five hundred and ninety-seven votes, for said office, were cast by electors of…

1Opinion of the Court

By the Court,

Paine, J.

At the special session of the legislature in 1862, a law was passed allowing the qualified electors of this state, who should be acting as volunteer soldiers in the service of the United States, to vote at the general fall elections. The law provided in detail the mode in which such votes should be taken, returned and canvassed, and that they might be given at whatever places such soldiers should be located at the time, whether within or without this state.

At the election last fall, the relator received a majority of the votes cast in this county for the office of…

2Cases cited2 opinions

  1. Tyler v. PeopleMichigan Supreme Court · 1860
  2. People v. TylerMichigan Supreme Court · 1859

3Cited by23 opinions

  1. Kiley v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1909
  2. People ex rel. Trombley v. HumphreyMichigan Supreme Court · 1871
  3. Petition of BreidenbachWisconsin Supreme Court · 1934
  4. Goodell v. Judith Basin CountyMontana Supreme Court · 1924
  5. In re EldredWisconsin Supreme Court · 1879

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