Legal Opinion

State ex rel. Cornish v. Tuttle

Wisconsin Supreme Court

Decided September 27, 1881PublishedCited by 25 opinions

APPEAL from the Circuit Court for Walworth County. . This action was brought to oust the defendant from the office of president of the village of Whitewater, which, it is alleged, he has usurped, and is unlawfully exercising.

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APPEAL from the Circuit Court for Walworth County. . This action was brought to oust the defendant from the office of president of the village of Whitewater, which, it is alleged, he has usurped, and is unlawfully exercising. The complaint alleges that on the 3d day of May, 18S1, a pretended election was held in said village, pursuant to its charter (chap- ter 164, P. &L. Laws of 1858)1,and that'certain persons named in the complaint were declared by the election board duly elected to the offices, respectively, of president, trustees and clerk of said village for the ensuing year; that the…

1Opinion of the CourtLyon, J.

The constitution ordains that “ all city, town and village officers whose election or appointment is not provided for by this constitution, shall be elected by the electors of such cities, towns or villages, or of some division thereof, or appointed by such authorities thereof as the legislature shall designate for that purpose.” Article XIII, sec. 9. Manifestly, the term “ electors,” in this provision, is synonymous with “voters” in sections 7 and 8 of the same article,, which relate to the division of counties and the removal of county seats; and it is settled that the latter term, in…

2Cases cited4 opinions

  1. State ex rel. Cothren v. LeanWisconsin Supreme Court · 1859
  2. State ex rel. Knowlton v. WilliamsWisconsin Supreme Court · 1856
  3. Dells v. KennedyWisconsin Supreme Court · 1880
  4. State ex rel. Walsh v. DousmanWisconsin Supreme Court · 1871

3Cited by25 opinions

  1. Allen-Bradley Local No. 1111 v. Wisconsin Employment Relations BoardSupreme Court of the United States · 1942
  2. Kiley v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1909
  3. League of Women Voters of Wisconsin Education Network, Inc. v. Scott WalkerWisconsin Supreme Court · 2014
  4. Morris v. PowellIndiana Supreme Court · 1890
  5. Fordyce v. State ex rel. KelleherWisconsin Supreme Court · 1902

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