State ex rel. Hamilton v. Krez
Wisconsin Supreme Court
APPEAL from the Circuit Court for Mihotmkee County. This is an action of quo warranto, commenced in the circuit court, to try the right of the relator to the office of city attorney of the city of Milwaukee. Until the 2d day of March, 1889, tbe term of the office-of city attorney of the city of Milwaukee was fixed by law at two years. The then current term would expire on the third Tuesday of April, 1890. On March 2, 1889, ch. 35> Laws of 1889, was published.
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APPEAL from the Circuit Court for Mihotmkee County. This is an action of quo warranto, commenced in the circuit court, to try the right of the relator to the office of city attorney of the city of Milwaukee. Until the 2d day of March, 1889, tbe term of the office-of city attorney of the city of Milwaukee was fixed by law at two years. The then current term would expire on the third Tuesday of April, 1890. On March 2, 1889, ch. 35> Laws of 1889, was published. Ey the fourth section of that act it is enacted: “ The term of office of the city attorney of the city of Milwaukee shall be four…
1Opinion of the CourtNewman, J.
No question is made of the power of the-legislature to change the term of the office of city attorney of the city of Milwaukee so as to make it a term of four years, instead of a term of two years, as theretofore. The debate is upon the question of the power of the legislature to extend the term of office of the then incumbent of the office from two years to four years.
The constitution of the state (art. XIII, sec. 9) provides: “All city, town, and village officers, whose election or appointment is not provided for by this constitution, shall be elected by the electors of such cities, towns,…
2Cases cited5 opinions
- People Ex Rel. Fowler v. BullNew York Court of Appeals · 1871
- People Ex Rel. Brown v. WoodruffNew York Court of Appeals · 1865
- People Ex Rel. Williamson v. . McKinneyNew York Court of Appeals · 1873
- Chicago & Northwestern Railway Co. v. Langlade CountyWisconsin Supreme Court · 1883
- State ex rel. Knox v. HadleyWisconsin Supreme Court · 1859
3Cited by9 opinions
- State ex rel. Milwaukee County v. BuechWisconsin Supreme Court · 1920
- O'Connor v. City of Fond du LacWisconsin Supreme Court · 1901
- State ex rel. Gubbins v. AnsonWisconsin Supreme Court · 1907
- State ex rel. Dithmar v. BunnellWisconsin Supreme Court · 1907
- Common Council v. SchmidMichigan Supreme Court · 1901
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