State ex rel. Kustermann v. Board of State Canvassers
Wisconsin Supreme Court
This is an application for mandamos requiring tbe board of state canvassers to reconvene, determine and certify that Qustav Kustermann, petitioner, was elected as representative in Congress from tbe Ninth Congressional district of Wisconsin, and requiring tbe secretary of state to issue and transmit certificates of such election.
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This is an application for mandamos requiring tbe board of state canvassers to reconvene, determine and certify that Qustav Kustermann, petitioner, was elected as representative in Congress from tbe Ninth Congressional district of Wisconsin, and requiring tbe secretary of state to issue and transmit certificates of such election. It appears from tbe petition that tbe petitioner, Kuster-mann, was tbe Republican candidate for Congress in tbe Ninth Congressional district at tbe general election held November 8, 1910; that Thomas F. Konop was tbe Democratic candidate, Alexander McEathron tbe…
1ConcurrenceMaRshall, J.
While I concur in the decision and in the court’s real reason therefor, as I understand it, I fear what has been written may cause uncertainty as to the court’s position, — uncertainty growing out of method of *316.treatment in its opinion, intensified by the additional opinion by my Brother Timlin. So I will place on file my understanding of what the court has decided as to minor questions underlying the ultimate one as to whether the return to the .alternative writ and the writ itself show, as matter of law, the relator not to be entitled to, or at least under the circumstances should not be…
2Cases cited15 opinions
- Attorney General v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
- State ex rel. Fourth National Bank of Philadelphia v. JohnsonWisconsin Supreme Court · 1899
- People Ex Rel. Sherwood v. State Board of CanvassersNew York Court of Appeals · 1891
- State ex rel. Cook v. HouserWisconsin Supreme Court · 1904
- Attorney-General v. BlossomWisconsin Supreme Court · 1853
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