State ex rel. Pluntz v. Johnson
Wisconsin Supreme Court
Appeal from an order of the circuit court for Barron county: W. R. Foley, Circuit Judge. This is an action in the nature of quo warranto, brought upon the relation of Herman Pluntz, a resident and taxpayer of Barron county, to oust the appellant from the office of sheriff of that county. A demurrer, to the answer was sustained, and from that order the defendant appealed.
1Opinion
On December 13, 1921, a motion by appellant for a' rehearing was granted, and on January 16, 1922, briefs were submitted on reargument.
The following opinion was filed February 7, 1922:
Owen, J.
In the original opinion filed in this case it is held that an elective sheriff does not hold beyond his term until his successor qualifies. More mature reflection, occasioned by the motion for a rehearing, persuades us that this conclusion was reached without giving sufficient consideration to the history of sec. 4 of art. VI of the constitution, as well as the acts of the legislature constituting a…
2Cases cited11 opinions
- State ex rel. Hudd v. TimmeWisconsin Supreme Court · 1882
- People ex rel. Gallup v. GreenNew York Supreme Court · 1829
- Dean v. BorchseniusWisconsin Supreme Court · 1872
- Attorney General ex rel. Schantz v. BrunstWisconsin Supreme Court · 1854
- Hinds v. DoubledayNew York Supreme Court · 1839
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