State ex rel. Harley v. Lindemann
Wisconsin Supreme Court
Appeals from an order of tbe circuit court for Milwaukee county: J. C. Ludwig, Circuit Judge. Tbe relator, as citizeu, resident, property owner, and taxpayer in tbe city of Milwaukee, and as a father of children who are pupils in tbe public schools of that city, brings this action in tbe name of the state to oust tbe twelve defendants, assuming to act as and for tbe board of school directors of tbe city of Milwaukee, and who were appointed as such under and by virtue of and…
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Appeals from an order of tbe circuit court for Milwaukee county: J. C. Ludwig, Circuit Judge. Tbe relator, as citizeu, resident, property owner, and taxpayer in tbe city of Milwaukee, and as a father of children who are pupils in tbe public schools of that city, brings this action in tbe name of the state to oust tbe twelve defendants, assuming to act as and for tbe board of school directors of tbe city of Milwaukee, and who were appointed as such under and by virtue of and pursuant to ch. 273, Laws of 1905, by tbe then three judges of tbe circuit court of tbe Second judicial circuit,…
1Opinion of the Court
Tbe following opinion was filed March 19, 1907:
Oassoday, C. J.
1. Tbe appeal on tbe part of tbe defendants brings before us for review tbe question whether this action can be maintained by tbe relator in tbe name of tbe state. Tbe statute applicable declares:
“An action may be brought by tbe attorney general in the name of tbe state, upon bis own information or upon tbe com*50plaint of any private party, against tbe parties offending: ... (1) When any person shall usurp, intrude into or unlawfully hold or exercise any public office, civil or military- . . . Such action may be brought in the name…
2Cases cited13 opinions
- State ex rel. Jameson v. DennyIndiana Supreme Court · 1889
- Belles v. BurrMichigan Supreme Court · 1889
- State ex rel. Clark v. Haworth, School Trustee of Monroe School TownshipIndiana Supreme Court · 1890
- O'Connor v. City of Fond du LacWisconsin Supreme Court · 1901
- State ex rel. Perry v. ArringtonNevada Supreme Court · 1884
8 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State ex rel. Gubbins v. AnsonWisconsin Supreme Court · 1907
- Village of West Milwaukee v. Area Board of Vocational, Technical & Adult EducationWisconsin Supreme Court · 1971
- State ex rel. Martin v. EkernWisconsin Supreme Court · 1938
- State Ex Rel. Brister v. WestonWisconsin Supreme Court · 1942
- State ex rel. Hessey v. DanielsWisconsin Supreme Court · 1910