State ex rel. Shea v. Evenson
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Iron county: G. N. Risjoed, Circuit Judge. Quo warranto to try the title to the office of chairman of the board of supervisors of the town of Mercer, Iron county. At the election April 7, 1914, the relator received forty-eight votes, the defendant fifty-eight' votes, and one Bovee eight votes for the office.
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Appeal from a judgment of the circuit court for Iron county: G. N. Risjoed, Circuit Judge. Quo warranto to try the title to the office of chairman of the board of supervisors of the town of Mercer, Iron county. At the election April 7, 1914, the relator received forty-eight votes, the defendant fifty-eight' votes, and one Bovee eight votes for the office. The relator claimed, however, that the defendant was at that time a defaulter to the town, and hence ineligible to hold office under sec. 3 of art. XIII of the constitution, which declares that “No member of Congress, . . . and no person…
1Opinion of the CourtWiNsnow, C. J.
The questions in this case may be briefly stated as follows: (1) Are the findings and order of removal evidence in this action of the facts found in the removal proceeding? (2) If not, was there other sufficient evidence of the defendant’s defalcation? (3) The defendant having made good his shortage before the election, was he ineligible under sec. 3 of art. XIII of the constitution?
*6261. The first question must be answered in the negative. The present is substantially a civil action between two citizens to determine the title to office. It is well established that a judgment in a criminal action…
2Cited by5 opinions
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- Boslund v. RiceWisconsin Supreme Court · 1923
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