State ex rel. Lutfring v. Gœtze
Wisconsin Supreme Court
EBBOB to tbe Circuit Court for Ozaukee County. Action to try title to tbe office of county judge of Ozau-kee county. Trial by tbe court alone. Tbe facts found will clearly appear from tbe opinion. Judgment for tbe defendant, Goetze ; and Lutfring took bis writ of error. to tbe point that tbe special provisions of sec. 92, cbap. 13, B. S., should prevail over tbe general provisions of sec. 157, cited Sedgw. Stat. & Con.
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EBBOB to tbe Circuit Court for Ozaukee County. Action to try title to tbe office of county judge of Ozau-kee county. Trial by tbe court alone. Tbe facts found will clearly appear from tbe opinion. Judgment for tbe defendant, Goetze ; and Lutfring took bis writ of error. to tbe point that tbe special provisions of sec. 92, cbap. 13, B. S., should prevail over tbe general provisions of sec. 157, cited Sedgw. Stat. & Con. Law, 237, 423; Smith’s Comm., secs. 647-8, -651-4, 659; 9 Cow., 437; 1 "Wis., 525; 15 id., 156. To tbe point that tbe election of tbe relator was not void for want of notice,…
1Opinion of the CourtPaine, J.
Tbe court has arrived at a conclusion in this case to which I have assented with much reluctance.
Tbe defendant in error was duly elected county judge of Ozaukee county in April, 1865. On tbe 2d of January, 1866, be entered upon tbe duties of bis office, having previously complied with tbe provisions of sec. 157, chap. 13, R. S., for tbe purpose of qualifying. Tbe oath required by that section was administered by a notary public, and was filed with tbe county treasurer. At tbe town elections in *365the succeeding April, there was an election to fill the same office, of which, however, no notice…
2Cases cited2 opinions
- Dishon v. SmithSupreme Court of Iowa · 1859
- State ex rel. Peacock v. OrvisWisconsin Supreme Court · 1866
3Cited by29 opinions
- In re Rouse, Hazard & Co.Court of Appeals for the Seventh Circuit · 1899
- Ruschenberg v. Southern Electric RailroadSupreme Court of Missouri · 1901
- State ex rel. Dithmar v. BunnellWisconsin Supreme Court · 1907
- Buckley v. HolmesSupreme Court of Pennsylvania · 1917
- State ex rel. Kleist v. DonaldWisconsin Supreme Court · 1917
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