State ex rel. Ryan v. Boyd
Wisconsin Supreme Court
QUO WARRANTO. Boyd was appointed county judge of Outagamie county in March, 1865, to fill an unexpired, term; and by virtue of that appointment was entitled to hold the office until January 1,1866, and until his successor was elected and qualified.
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QUO WARRANTO. Boyd was appointed county judge of Outagamie county in March, 1865, to fill an unexpired, term; and by virtue of that appointment was entitled to hold the office until January 1,1866, and until his successor was elected and qualified. At an election for that office in April, 1865, Ryan received a majority of the votes, and was declared duly elected, and received the certificate of election, and qualified in due time; but Boyd refused to deliver up the books, papers, &c., of the office, alleging that Ryan was ineligible to the office, under sec 12, Art. IV of the constitution of…
1Opinion of the CourtCole, J.
We are of opinion that the demurrer must be sustained. The matters relied on in the answer for excluding the relator from the office of county judge of Outagamie county, are the following facts: That for and during the year 1865, the relator was a member of the legislature of this state; that on the 4th of April of that year, he was a candidate for the office of county judge, and received a majority of the votes cast at the election on that day for said office, but that he is disqualified from holding the office because the emoluments of the same were increased while he was a member of the…
2Cited by19 opinions
- State Ex Rel. O'Connell v. DubuqueWashington Supreme Court · 1966
- Warwick v. State Ex Rel. ChanceAlaska Supreme Court · 1976
- Chenoweth v. ChambersCalifornia Court of Appeal · 1917
- State Ex Rel. Lyons v. GuyNorth Dakota Supreme Court · 1961
- State ex rel. Zimmerman v. DammannWisconsin Supreme Court · 1930
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