Legal Opinion

State ex rel. Lamb v. Cunningham

Wisconsin Supreme Court

Decided September 27, 1892PublishedCited by 103 opinions

This action was commenced in this court for the purpose of perpetually enjoining and restraining the defendant, as secretary of state, and his successors in office, from pub-. lishing and continuing to publish a copy of the notices of election of members of the senate and assembly in a newspaper printed in Madison, once in each week from the date of such notice until the general election, describing the several legislative districts in such notice the same as attempted to be…

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This action was commenced in this court for the purpose of perpetually enjoining and restraining the defendant, as secretary of state, and his successors in office, from pub-. lishing and continuing to publish a copy of the notices of election of members of the senate and assembly in a newspaper printed in Madison, once in each week from the date of such notice until the general election, describing the several legislative districts in such notice the same as attempted to be created -by the act of July 2, 1892, and also from filing and preserving in his office certificates of nomination and…

1Opinion of the CourtCassoday, J.

1. Counsel for the defendant challenges the jurisdiction of this court in this cause, and supports such contention with much learning and ability. The question of the original jurisdiction or power of this court under sec. 3, art. VII, of the constitution, “ to issue writs of habeas corpus, mandamus, injunction, quo warranto, certiorari, and other original and remedial writs, and to hear and determine the same,” has frequently been considered by this court. Att'y Gen. v. Blossom, 1 Wis. 317; Att'y Gen. ex rel. Bashford v. Barstow, 4 Wis. 567; State ex rel. Att'y Gen. v. Messmore, 14 Wis. 115;…

2Cases cited39 opinions

  1. Marbury v. MadisonSupreme Court of the United States · 1803
  2. Osborn v. Bank of United StatesSupreme Court of the United States · 1824
  3. Lake County v. RollinsSupreme Court of the United States · 1889
  4. Attorney General v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
  5. McCulloch v. MarylandSupreme Court of the United States · 1819

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3Cited by103 opinions

  1. State ex rel. Bolens v. FrearWisconsin Supreme Court · 1912
  2. Parker v. State ex rel. PowellIndiana Supreme Court · 1892
  3. Ellingham v. DyeIndiana Supreme Court · 1912
  4. Crawford v. GilchristSupreme Court of Florida · 1912
  5. Jones v. FreemanSupreme Court of Oklahoma · 1943

98 more not listed; retrieve them via the Exa API.

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