Legal Opinion

State ex rel. McDill v. Board of State Canvassers & the Secretary of State

Wisconsin Supreme Court

Decided June 15, 1874PublishedCited by 29 opinions

APPLICATION for a Mandamus. On the affidavit and motion of the relator, this court, on the 4th of December, 1874, granted an alternative writ of mandamus, directed to the board of state canvassers and the secretary of state, commanding said board to determine upon the election returns from the several counties in the eighth congressional district in this state then before said board, that the relator, at the last previous general election' in this state, had been, by the…

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APPLICATION for a Mandamus. On the affidavit and motion of the relator, this court, on the 4th of December, 1874, granted an alternative writ of mandamus, directed to the board of state canvassers and the secretary of state, commanding said board to determine upon the election returns from the several counties in the eighth congressional district in this state then before said board, that the relator, at the last previous general election' in this state, had been, by the greatest number of votes, duly elected to the office of representative in congress from said district, and to make such a…

1Opinion of the CourtLyon, J.

Pursuant to the provisions of the statute in that behalf (R. S., ch. 7, sec. 79), the secretary of state appointed a meeting of the state canvassers, to be held on the 3d day of December, instant, to canvass the votes cast for representatives in congress at the late general election. The board met at the office of the secretary at the time thus designated, made the canvass, and orally announced their determination therefrom that Geo. W. Oate had received the greatest number of votes cast at such election for representative in congress from the eighth congressional district, and was duly…

2Cases cited2 opinions

  1. Attorney-General ex rel. Bashford v. BarstowWisconsin Supreme Court · 1856
  2. State ex rel. Burnett v. PierpontWisconsin Supreme Court · 1872

3Cited by29 opinions

  1. State ex rel. Bolens v. FrearWisconsin Supreme Court · 1912
  2. State ex rel. Wood v. BakerWisconsin Supreme Court · 1875
  3. Brazie v. Fayette County CommissionersWest Virginia Supreme Court · 1884
  4. Smith v. City CommissionMichigan Supreme Court · 1937
  5. City of Indianapolis v. McAvoyIndiana Supreme Court · 1882

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