State ex rel. Schuet v. Murray
Wisconsin Supreme Court
Action in tbe nature of a quo warranto, commenced - in this court. Tbe respondent demurred to tbe complaint. Tbe grounds upon wbicb tbe relator claims tbe office in dispute, will appear from tbe opinion. argued that although, a fundamental principle of our government, constituting a part of tbe unwritten law, would be violated by permitting persons wbo are not electors to administer tbe government by actually bold, ing and exercising its offices, yet no sucb principle…
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Action in tbe nature of a quo warranto, commenced - in this court. Tbe respondent demurred to tbe complaint. Tbe grounds upon wbicb tbe relator claims tbe office in dispute, will appear from tbe opinion. argued that although, a fundamental principle of our government, constituting a part of tbe unwritten law, would be violated by permitting persons wbo are not electors to administer tbe government by actually bold, ing and exercising its offices, yet no sucb principle forbids tbe election of persons to office wbo may be under some temporary disability for bolding office at tbe time of tbeir…
1Opinion of the CourtJjYON, J.
This is an action of quo warranto, commenced in this court. Tbe complaint shows tbat at tbe general election held in tbe county of Waukesha, on the 8th day of November, 1870, tbe relator was elected clerk of tbe board of supervisors of tbat county over tbe defendant, who was a candidate for tbe same office, by a majority of over five hundred votes; tbat be was elected to such office for tbe term of two years, to commence on the first Monday in January, 1871; that at tbe time of such election he possessed all of the qualifications of an elector of said county, except tbat he was an alien and…
2Cases cited1 opinion
- State ex rel. Off v. SmithWisconsin Supreme Court · 1861
3Cited by56 opinions
- State ex rel. Wisconsin Development Authority v. DammannWisconsin Supreme Court · 1938
- Shepherd v. SartainSupreme Court of Alabama · 1913
- Taylor v. SullivanSupreme Court of Minnesota · 1891
- State Ex Rel. Attorney-General v. KnightSupreme Court of North Carolina · 1915
- Hoy v. State, ex rel. BuchananIndiana Supreme Court · 1907
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