Legal Opinion

State ex rel. Crawford v. Hastings

Wisconsin Supreme Court

Decided February 28, 1860PublishedCited by 33 opinions

ALTERNATIVE WRITS OF MANDAMUS. The relation filed in the case by Samuel Crawford, set forth that he had been elected to the office of Associate Justice of the Supreme Court, and entered upon the duties of the office on the first of June, 1853. That the act of January 3d, 1854, fixed the commencement of the term of the judges of that court to the first Monday of January after the election; and thus extended the term of his office to the first Monday of January, 1856; that his…

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ALTERNATIVE WRITS OF MANDAMUS. The relation filed in the case by Samuel Crawford, set forth that he had been elected to the office of Associate Justice of the Supreme Court, and entered upon the duties of the office on the first of June, 1853. That the act of January 3d, 1854, fixed the commencement of the term of the judges of that court to the first Monday of January after the election; and thus extended the term of his office to the first Monday of January, 1856; that his successor was elected in April, 1855, and by the law entitled to enter upon the duties of his office in January…

1Opinion of the Court

By the Court,

Dixon, C. J.

The position contended for by the respondent’s counsel, that the act of May 17th, 1858, providing for the appointment and 'prescribing the duties of a Comptroller, does not invest that officer with power to supervise and control the action of the Secretary of State as auditor, seems to us wholly untenable. It cannot be maintained by any fair construction of the act. The intention of the legislature to clothe him with authority equal to that exercised by the Secretary on all matters pertaining to the indebtedness of the State and claims against it, is manifest from the…

2Cases cited2 opinions

  1. Commonwealth v. FowlerMassachusetts Supreme Judicial Court · 1813
  2. Sill v. . the Village of CorningNew York Court of Appeals · 1857

3Cited by33 opinions

  1. State ex rel. Kennedy v. BrunstWisconsin Supreme Court · 1870
  2. State Ex Rel. Haskell v. HustonSupreme Court of Oklahoma · 1908
  3. Ex parte CorlissNorth Dakota Supreme Court · 1907
  4. Giss v. JordanArizona Supreme Court · 1957
  5. Attorney General ex rel. Dingeman v. LacyMichigan Supreme Court · 1914

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