State ex rel. Peacock v. Orvis
Wisconsin Supreme Court
Action in tbe nature of Quo Warranto, commenced, in tbis court, in January, 1866. Tbe complaint avers, in substance, that at tbe general election in Fond du Lac county for officers thereof, held November 8th, 1864, one Francis was duly elected sheriff; that be qualified and entered upon tbe office, and continued therein until June 18, 1865, when be died, and tbe office became vacant; that while' be so held tbe office, be duly appointed tbe defendant Orvis under-sheriff of…
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Action in tbe nature of Quo Warranto, commenced, in tbis court, in January, 1866. Tbe complaint avers, in substance, that at tbe general election in Fond du Lac county for officers thereof, held November 8th, 1864, one Francis was duly elected sheriff; that be qualified and entered upon tbe office, and continued therein until June 18, 1865, when be died, and tbe office became vacant; that while' be so held tbe office, be duly appointed tbe defendant Orvis under-sheriff of said county, and tbe latter qualified and entered upon said office; that Orvis continued after tbe death of Francis to…
1Opinion of the CourtDowner, J.
The demurrer to the complaint must be overruled.
*238Tbe principal objections to the complaint urged upon the argument are: 1st. That the action should have been brought in the name of the attorney general, or there should have been an allegation that he refused to act. 2d. That there was no notice given as required bylaw of the election of a sheriff.
Section 6, ch. 160, R. S., provides that the action may be brought in the name of the state by the attorney general upon his own information; also by a private person on his own complaint, “ when the office usurped pertains to a county, town, city or…
2Cited by17 opinions
- State ex rel. Bolens v. FrearWisconsin Supreme Court · 1912
- State ex rel. Wood v. BakerWisconsin Supreme Court · 1875
- Countz v. MitchellTexas Supreme Court · 1931
- Bates v. StateWisconsin Supreme Court · 1905
- Adsit v. OsmunMichigan Supreme Court · 1891
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