State ex rel. Postel v. Marcus
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. , Action to try title of the defendant to the office of trustee of the village of Muscoda. Defendant was, in form, duly elected in April, 1912. He, in form, duly qualified and entered upon performance of the duties of the office. He was not a citizen of the United States. He had taken out first citizenship papers.
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Appeal from a judgment of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. , Action to try title of the defendant to the office of trustee of the village of Muscoda. Defendant was, in form, duly elected in April, 1912. He, in form, duly qualified and entered upon performance of the duties of the office. He was not a citizen of the United States. He had taken out first citizenship papers. He was a resident elector of the village of Muscoda at the time of his election by reason of having so taken out first papers; but this status was subject to termination on the 1st day of…
1Opinion of the Court
The following opinion was filed January 12, 1915:
Mabshall, J.
Several questions are presented for solution in this case. If either were decided in respondent's *357favor it would be fatal to tbe appeal. The overshadowing and only one which, as will be seen, need be discussed, is whether the effort to amend sec. 1, art. Ill, of the state constitution, purporting to have been consummated in 1908, was' successful. If not, then, though it has seemed that full citizenship instead of mere declaration in that regard was a condition of capacity to exercise the right of suffrage and of eligibility under…
2Cases cited32 opinions
- Kadderly v. PortlandOregon Supreme Court · 1903
- Caseday v. LindstromOregon Supreme Court · 1904
- Oakland Paving Co. v. HiltonCalifornia Supreme Court · 1886
- Constitutional Prohibitory AmendmentSupreme Court of Kansas · 1881
- State ex rel. Hudd v. TimmeWisconsin Supreme Court · 1882
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3Cited by31 opinions
- State ex rel. Attorney General v. DonaldWisconsin Supreme Court · 1915
- In Re Constitutionality of Chapter 315, Laws of 1943Wisconsin Supreme Court · 1943
- Browne v. City of New YorkNew York Court of Appeals · 1925
- McGovern v. EckhartWisconsin Supreme Court · 1929
- Simpson v. HillSupreme Court of Oklahoma · 1927
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