Legal Opinion

State ex rel. Knutson v. Johnson

Wisconsin Supreme Court

Decided June 1, 1920PublishedCited by 4 opinions

Appeal from a judgment of the circuit court for Barron county: W. R. Foley, Circuit Judge. In November or December, 1917, the defendant was appointed by the governor to fill an unexpired term which was to end the first Monday of January, 1919, as sheriff of Barron county, and accepted and qualified as such and has continued to act as sheriff since that time.

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Appeal from a judgment of the circuit court for Barron county: W. R. Foley, Circuit Judge. In November or December, 1917, the defendant was appointed by the governor to fill an unexpired term which was to end the first Monday of January, 1919, as sheriff of Barron county, and accepted and qualified as such and has continued to act as sheriff since that time. In the fall of 1918 he was a candidate for-the office of sheriff in the primary election and also in the general election for the term commencing January 6, 1919, received a majority of the votes, was declared elected, and subsequently in…

1Opinion of the CourtEschweiler, J.

Prior to 1882, sec. 4, art. VI, Const., provided, as to sheriffs and certain other county officers, that vacancies occurring in their respective offices should be filled by election. By the construction given to that section by the decision in Attorney General ex rel. Schantz v. Brunst, 3 Wis. 787, upon such an election the officer held for a full term of two years from the time' of such election or qualification instead of for the balance of the term existing at the time the vacancy occurred. The evident interference with the general plan of uniformity as to the terms of county officers…

2Cases cited2 opinions

  1. Attorney General ex rel. Schantz v. BrunstWisconsin Supreme Court · 1854
  2. People Ex Rel. Bast v. . VoorhisNew York Court of Appeals · 1919

3Cited by4 opinions

  1. State ex rel. Pluntz v. JohnsonWisconsin Supreme Court · 1922
  2. State Ex Rel. Martin v. HeilWisconsin Supreme Court · 1942
  3. State ex rel. McKeever v. CameronWisconsin Supreme Court · 1923
  4. State Ex Rel. Schmidt v. WhiteWisconsin Supreme Court · 1950

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