State ex rel. Finch v. Washburn
Wisconsin Supreme Court
This was an action brought in this court, under the statute, to determine whether the relator or respondent was entitled to hold the .office of county judge of Winnebago count}' for the term commencing January 1,1862. On the 25th of September, 1861, Alexander P. Hodges was county judge of said county, and was entitled to hold the office until the first of January, 1862, and until his successor was elected and qualified.
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This was an action brought in this court, under the statute, to determine whether the relator or respondent was entitled to hold the .office of county judge of Winnebago count}' for the term commencing January 1,1862. On the 25th of September, 1861, Alexander P. Hodges was county judge of said county, and was entitled to hold the office until the first of January, 1862, and until his successor was elected and qualified. On the 2d of April preceding, said Hodges had also been duly elected to fill the same office for a term of four years commencing on said first of January, 1862; but he never…
1Opinion of the Court
By the Court,
Dixosr, C. J.
There can be no doubt that Hodges intended his resignation to apply to the term of office for which he had recently been elected, and which was to commence on the day the resignation took effect. He resigned on the last day of the old to take effect on the first day of the new term. On the day the resignation was tendered, he qualified as state prison commissioner, and on the next removed from the county of Winnebago to the county of Dodge. These circumstances seem to place his intention beyond reasonable doubt. And it would seem, too, that there can be as little…
2Cited by8 opinions
- State ex rel. Dithmar v. BunnellWisconsin Supreme Court · 1907
- State v. TrumpfWisconsin Supreme Court · 1880
- State ex rel. Fugina v. PierceWisconsin Supreme Court · 1926
- Joshua L. Kaul v. Frederick PrehnWisconsin Supreme Court · 2022
- Hood v. MillerSupreme Court of Oklahoma · 1930
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