State ex rel. Williams v. Samuelson
Wisconsin Supreme Court
Appeal from an order of the circuit court for Clark county: E. W. Helms, Judge. Action of quo warranto involving the right' of the defendant to hold and perform the duties of the office of county supervisor of assessment for Clark county, Wisconsin, under ■ch. 445, Laws of 1901. The complaint by appropriate allegations shows that the •defendant was, in form, duly elected" by the county board of Clark county to the office in question November 18, 1904, for the term of threó…
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Appeal from an order of the circuit court for Clark county: E. W. Helms, Judge. Action of quo warranto involving the right' of the defendant to hold and perform the duties of the office of county supervisor of assessment for Clark county, Wisconsin, under ■ch. 445, Laws of 1901. The complaint by appropriate allegations shows that the •defendant was, in form, duly elected" by the county board of Clark county to the office in question November 18, 1904, for the term of threó years, commencing on the first Monday of January, 1905; that he duly qualified according to the requirements of said ch.…
1Opinion of the CourtMarshall, J.
The questions whether the relator Rad legal capacity to commence and maintain the action and whether the facts alleged are sufficient to constitute a cause of action seem to he the ones relied upon to sustain the order complained of, so this opinion will he restrained accordingly.
The first question is ruled in favor of appellant by the statute, sec. 3466, Stats. (1898). It is there provided that/ an action may be brought against the party offending in the name of the state by a private person on his own complaint when the attorney general refuses to act, or when the office usurped pertains to…
2Cases cited25 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- The People v. . Simeon DraperNew York Court of Appeals · 1857
- Mayor of Baltimore v. State ex rel. Board of PoliceCourt of Appeals of Maryland · 1860
- State ex rel. Milwaukee Medical College v. ChittendenWisconsin Supreme Court · 1906
- State ex rel. Lamb v. CunninghamWisconsin Supreme Court · 1892
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3Cited by22 opinions
- Coulter v. PoolCalifornia Supreme Court · 1921
- State Ex Rel. First National Bank of Wisconsin Rapids v. M & I Peoples Bank of ColomaWisconsin Supreme Court · 1980
- Milwaukee County v. HalseyWisconsin Supreme Court · 1912
- State ex rel. Buell v. FrearWisconsin Supreme Court · 1911
- State ex rel. Gubbins v. AnsonWisconsin Supreme Court · 1907
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