Attorney-General ex rel. Bashford v. Barstow
Wisconsin Supreme Court
This was an information in the nature of a quo warranto, filed originally in this court by the attorney-general. The following is the information: On. the 15th' day of January, William A. Barstow having been inaugurated into office on the 7th of the same month, and Coles Bashford having taken the oath of office the same day, the following information was filed in the Supreme Court: “ State of Wisconsin, Dane County, ss. — Wm.
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This was an information in the nature of a quo warranto, filed originally in this court by the attorney-general. The following is the information: On. the 15th' day of January, William A. Barstow having been inaugurated into office on the 7th of the same month, and Coles Bashford having taken the oath of office the same day, the following information was filed in the Supreme Court: “ State of Wisconsin, Dane County, ss. — Wm. R. Smith, Attorney-General of the State of Wisconsin, who sues for the people of the state in this behalf, comes into the Supreme Court of the said state, before the…
1ConcurrenceJustice Smith
expressed his concurrence with the opinion just read by the chief justice. There was no doubt but that this motion should be denied. The counsel for the respondent (Mr. Barstow), had chosen to put the motion on the supposition of a bald, naked successful usurpation of the office of governor. The counsel had claimed that the individual now exercising the functions of governor, although an usurper, by succeeding, hád acquired such a position, that no other department of the government possessed the power or the right to inquire by what authority he held it. The basis of their argument was, that…
2Cases cited4 opinions
- People v. VailNew York Supreme Court · 1838
- People, ex rel. Eastman v. SeamanNew York Supreme Court · 1848
- Walker v. RoganWisconsin Supreme Court · 1853
- Jones v. WinchesterSuperior Court of New Hampshire · 1834