Legal Opinion

State ex rel. Wannemaker v. Alder

Wisconsin Supreme Court

Decided May 1, 1894PublishedCited by 10 opinions

APPEAL from the Circuit Court for Crawford County. The facts are stated in the opinion. The appeal is from a judgment in favor of the defendant. argued, among other things, that an election cannot lawfully be held elsewhere than in the place designated, unless the necessity for a change is absolute, discarding all ideas of mere convenience. Law as to time and place is mandatory. 6 Am. & Eng. Ency. of Law, 823, 325; Melvin’s Case, 68 Pa.

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APPEAL from the Circuit Court for Crawford County. The facts are stated in the opinion. The appeal is from a judgment in favor of the defendant. argued, among other things, that an election cannot lawfully be held elsewhere than in the place designated, unless the necessity for a change is absolute, discarding all ideas of mere convenience. Law as to time and place is mandatory. 6 Am. & Eng. Ency. of Law, 823, 325; Melvin’s Case, 68 Pa. St. 333; Chadwick v. Melvin, Brightly’s Elect. Cas. 251; Knowles v. Meates, 31 Cal. 82; Simons v. People, 18 Ill. App. 588; McCrary, Elections, secs. 123,…

1Opinion of the CourtOrton, C. J.

This is an action in the nature of quo war-ranto, in which the relator claims the office of county clerk of the county of Crawford, as against the defendant as the incumbent of said office. The facts, according to the findings of the court, are substantially as follows:

The village of Soldiers’ Grove was organized out of the town of Clayton in said county, under ch. 40, E. S., in July, 1888. The village of Lynxville was organized out of the town of Seneca in said county in 1889, and the village of Wauzeka was organized out of the town, of that name in 1890. In August, 1888, said village of…

2Cases cited1 opinion

  1. Jones v. KolbWisconsin Supreme Court · 1882

3Cited by10 opinions

  1. Kerlin v. City of Devils LakeNorth Dakota Supreme Court · 1913
  2. Covington Bridge Commission v. City of CovingtonCourt of Appeals of Kentucky (pre-1976) · 1934
  3. Goree v. CahillSupreme Court of Oklahoma · 1912
  4. Wallace v. Excise Board of Bryan CountySupreme Court of Oklahoma · 1923
  5. (1974), Wisconsin Attorney General Reports1974

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