State ex rel. Hinz v. McKone
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for "Winnebago county: G-eo. W. Buenell, Circuit Judge. This is an action, in the nature of quo warranto, to try the title to the office of constable in the city of Oshkosh. The facts were not in dispute. The defendant’s answer to the relation was stricken out as frivolous, and, no amended answer being served, judgment for the plaintiff was rendered, and the defendant appealed.
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Appeal from a judgment of the circuit court for "Winnebago county: G-eo. W. Buenell, Circuit Judge. This is an action, in the nature of quo warranto, to try the title to the office of constable in the city of Oshkosh. The facts were not in dispute. The defendant’s answer to the relation was stricken out as frivolous, and, no amended answer being served, judgment for the plaintiff was rendered, and the defendant appealed. The facts are succinctly stated by the circuit judge in an opinion filed by him upon the motion: “It appears from the complaint that defendant, JfeKone, was elected constable…
1Opinion of the CourtWinslow, J.
The question at issue simply involves a construction of certain provisions of the charter of the city of Oshkosh, which will be found published as ch. 59, Laws of 1891. The provisions in question are as follows:
Subch. IY, sec. 9: “At the first meeting of the common council, or as soon thereafter as may be, there shall be the following city officers appointed by the mayor and confirmed by a majority of all the members of the common council voting in favor of such confirmation, a comptroller, a city attorney, a chief of police and a chief of the fire department, who shall hold their offices for…
2Cases cited3 opinions
- Barry v. MerceinSupreme Court of the United States · 1847
- Leppla v. ReedWisconsin Supreme Court · 1896
- Independence Creamery Co. v. LockwayWisconsin Supreme Court · 1896