State v. Hilmantel
Wisconsin Supreme Court
At the annual election for county officers of Milwaukee county, in November, 1866, Hilmantel received a majority of tbe votes cast for the office of clerk of the board of supervisors of said county ; and having received the certificate of election, he entered upon the duties of the office. Doerflinger was the opposing candidate for said office at that election.
Read the full summary
At the annual election for county officers of Milwaukee county, in November, 1866, Hilmantel received a majority of tbe votes cast for the office of clerk of the board of supervisors of said county ; and having received the certificate of election, he entered upon the duties of the office. Doerflinger was the opposing candidate for said office at that election. This action was brought to try Hilmantel's title to the office, it being alleged that a portion of the votes cast for him, greater in number than his majority, were -received in violation of the provisions of the registry act, ch. 445,…
1Opinion of the CourtDixon, C. J.
Section 7, ch. 445, General Laws of 1864, is admitted to be constitutional, and the only question is as to its construction and effect. This is a very important question. It is, whether it is a directory or compulsory statute — whether it is discretionary with the inspectors, the requirements as to affidavit and oath not being in all respects complied with, to receive the votes of persons whose names are not on the registry, or imperative upon them not to do so unless such requirements are strictly fulfilled. The allegation of the complaint is, that of the votes given and counted for the…
2Cited by30 opinions
- State ex rel. Wood v. BakerWisconsin Supreme Court · 1875
- Anderson v. AsheTexas Supreme Court · 1906
- Goodell v. Judith Basin CountyMontana Supreme Court · 1924
- Dells v. KennedyWisconsin Supreme Court · 1880
- Martin v. McGarrSupreme Court of Oklahoma · 1910
25 more not listed; retrieve them via the Exa API.