State ex rel. Haven v. Sayle
Wisconsin Supreme Court
Appeal from an order of the circuit court for Dane countyE. Ray Stevens, Circuit Judge. This is an action in equity brought on behalf of the state on relation of the attorney general against the mayor and common council of the city of Madison to perpetually enjoin them from recounting the votes cast at a referendum election on the question of license held April 2, 1918. A preliminary injunctional order served with the complaint was dissolved upon motion based upon affidavits…
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Appeal from an order of the circuit court for Dane countyE. Ray Stevens, Circuit Judge. This is an action in equity brought on behalf of the state on relation of the attorney general against the mayor and common council of the city of Madison to perpetually enjoin them from recounting the votes cast at a referendum election on the question of license held April 2, 1918. A preliminary injunctional order served with the complaint was dissolved upon motion based upon affidavits and the plaintiff appeals. The material facts appearing by the complaint and affidavits were in substance these: The…
1Opinion of the CourtWinslow, C. J.
We have no doubt that the trial court was right in holding that the mayor and holdover aldermen constituted a de facto canvassing board. They were in undisturbed possession of the office, assuming in good faith to exercise, and in fact exercising, all its functions, and no one even questioned their title. Hence their canvass was valid and a recount may properly be had. State ex rel. Dunn v. Noyes, 87 Wis. 340, 58 N. W. 386; In re Woolcott. 163 Wis. 34, 157 N. W. 553.
We are further of opinion that the provisions of the charter are not affected by the provisions of sec. 10.42, Stats., and hence…
2Cases cited5 opinions
- Attorney General v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
- State ex rel. Bolens v. FrearWisconsin Supreme Court · 1912
- State ex rel. Dunn v. NoyesWisconsin Supreme Court · 1894
- State v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1908
- In re WoolcottWisconsin Supreme Court · 1916
3Cited by6 opinions
- State v. City of Oak CreekWisconsin Supreme Court · 2000
- State v. SnyderWisconsin Supreme Court · 1920
- State v. P. Lorillard Co.Wisconsin Supreme Court · 1923
- State Ex Rel. Reynolds v. SmithWisconsin Supreme Court · 1963
- Karker v. Board of Unified School District No. 1Wisconsin Supreme Court · 1971
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