Legal Opinion

State ex rel. Nye v. Weingarten

Wisconsin Supreme Court

Decided March 27, 1896PublishedCited by 1 opinion

Appeal from a judgment of the circuit court for La Crosse county: O. B. Wyman-, Circuit Judge. This was a proceeding by quo warranto, in which the relator claimed the office of town clerk of the town of Hamilton, in La Crosse county, as against the defendant.

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Appeal from a judgment of the circuit court for La Crosse county: O. B. Wyman-, Circuit Judge. This was a proceeding by quo warranto, in which the relator claimed the office of town clerk of the town of Hamilton, in La Crosse county, as against the defendant. Upon trial before the court, it appeared that both parties were candidates for the office at the town meeting April 3,1894, and according to the canvass the relator received 130 votes, and the defendant 146; but whether the relator was elected1 depended upon whether thirty-two votes cast for the defendant by electors residing in the…

1Opinion of the CourtPiNney, J.

In the case of Jones v. Kolb, 56 Wis. 263, the relations that had existed between towns and incorporated villages situated in such towns, prior to the enactment of oh. 40, R. S. 1878, and the policy of the state on this subject, were very fully considered, with a view to the construction and effect of said chapter; and the court arrived' at the conclusion that it was “ the undoubted intention of' the legislature in enacting said chapter, prescribing the manner of organizing villages within this state, and defining the powers, duties, and privileges which such villages so organized should…

2Cases cited2 opinions

  1. State ex rel. Wannemaker v. AlderWisconsin Supreme Court · 1894
  2. Jones v. KolbWisconsin Supreme Court · 1882

3Cited by1 opinion

  1. State ex rel. Rock v. TaylorWisconsin Supreme Court · 1896

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