State ex rel. Symmonds v. Barnett
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Keno-sha county: E. B. Belden, Circuit Judge. Quo ivarranto. The relator and defendant were opposing candidates for the office of district attorney of Kenosha county at the 1922 general election. The original canvass of the votes gave relator, Frank S. Symmonds, a majority of twenty-one. A recount demanded by defendant, Morris Barnett, under the provisions of' sec. 6.66, Stats., gave Barnétt a majority of two votes.
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Appeal from a judgment of the circuit court for Keno-sha county: E. B. Belden, Circuit Judge. Quo ivarranto. The relator and defendant were opposing candidates for the office of district attorney of Kenosha county at the 1922 general election. The original canvass of the votes gave relator, Frank S. Symmonds, a majority of twenty-one. A recount demanded by defendant, Morris Barnett, under the provisions of' sec. 6.66, Stats., gave Barnétt a majority of two votes. Another recount, pursuant to a demand by Symmonds, gave Barnett a majority of one vote. From this determination Symmonds appealed…
1Opinion of the Court
The following opinion was filed October 16, 1923:
Owen, J.
Ch. 149 of the Statutes relates to actions of quo warranto. Sec. 3466 thereof provides that an action may be brought by the attorney general in the name of the state upon his own information, or upon the complaint of any private party, against the parties offending in the following cases:
“(1) When any person shall usurp, intrude into or unlawfully hold on exercise any public office, civil or military. ...”
The same section also provides that “such action may be brought in the name of the state by a private person on his own complaint…
2Cases cited5 opinions
- State ex rel. Wood v. BakerWisconsin Supreme Court · 1875
- State v. HilmantelWisconsin Supreme Court · 1867
- State ex rel. Bell v. ConnessWisconsin Supreme Court · 1900
- State ex rel. Bancroft v. StumpfWisconsin Supreme Court · 1869
- State ex rel. O'Neill v. TraskWisconsin Supreme Court · 1908
3Cited by21 opinions
- Craig v. PetersonIllinois Supreme Court · 1968
- Sommerfeld v. Board of CanvassersWisconsin Supreme Court · 1955
- Hatfield v. Board of Canvassers of Mingo Co.West Virginia Supreme Court · 1925
- Ollmann v. KowalewskiWisconsin Supreme Court · 1941
- Davis v. WalcottCourt of Appeals of Texas · 1936
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