Legal Opinion

State ex rel. Johnson v. Nye

Wisconsin Supreme Court

Decided March 12, 1912PublishedCited by 26 opinions

Appeal from an order of tbe circuit court for Douglas county: FeaNK A. Ross, Circuit Judge. Tbis is an action of quo warranto brought to oust the defendant from tbe office of member of tbe grain and warehouse commission of Wisconsin.

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Appeal from an order of tbe circuit court for Douglas county: FeaNK A. Ross, Circuit Judge. Tbis is an action of quo warranto brought to oust the defendant from tbe office of member of tbe grain and warehouse commission of Wisconsin. Tbe complaint alleges in substance : That on tbe 9tb day of July, 1906, to fill a vacancy then existing, tbe relator, Henry A. Johnson, was duly appointed by tbe governor of Wisconsin to tbe office of commissioner of tbe grain and -warehouse commission for Wisconsin (hereinafter called grain commissioner) under cb. 19 of tbe Laws of 1905 and acts amendatory…

1Opinion of the CourtKerwen, J.

The questions before us arise upon demurrer to the complaint as appears from the statement of facts.

The grain and warehouse commission of Wisconsin was created by ch. 19, Laws of 1905, amended by ch. 12 of the special session of 1905, and again amended by ch. 440, Laws of 1909, and by ch. 458, Laws of 1911. It is the contention of the appellant that the complaint fails to state a cause of action, therefore that the demurrer should have been sustained. The questions involving the sufficiency of the complaint will be treated in their order.

1. It is claimed by the plaintiff that the emoluments…

2Cases cited5 opinions

  1. United States v. LangstonSupreme Court of the United States · 1886
  2. State ex rel. Cothren v. LeanWisconsin Supreme Court · 1859
  3. Riggs v. BrewerSupreme Court of Alabama · 1879
  4. Application of ClarkWisconsin Supreme Court · 1908
  5. State v. JonesWisconsin Supreme Court · 1907

3Cited by26 opinions

  1. Karow v. Milwaukee County Civil Service CommissionWisconsin Supreme Court · 1978
  2. State Ex Rel. O'Connell v. DubuqueWashington Supreme Court · 1966
  3. Worachek v. Stephenson Town School DistrictWisconsin Supreme Court · 1955
  4. State ex rel. Biggs v. CorleySupreme Court of Delaware · 1934
  5. Brown v. MeyerTexas Supreme Court · 1990

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