State ex rel. Lochschmidt v. Raisler
Wisconsin Supreme Court
Appeal from an order of the circuit court for Outagamie county: JohN GoodlaND, Circuit Judge. Appeal from order overruling demurrer to complaint which states that the relator and defendant were rival candidates at the election of November, 1906, for the office of county clerk of Outagamie county; that relator received the greatest number of legal votes cast for the office, for which he was duly eligible; that, according to the county canvass, there were for defendant 3,453…
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Appeal from an order of the circuit court for Outagamie county: JohN GoodlaND, Circuit Judge. Appeal from order overruling demurrer to complaint which states that the relator and defendant were rival candidates at the election of November, 1906, for the office of county clerk of Outagamie county; that relator received the greatest number of legal votes cast for the office, for which he was duly eligible; that, according to the county canvass, there were for defendant 3,453 and for relator 3,399 votes, which included certain alleged illegal votes of Oneida Indians, of which 74 were canvassed…
1Opinion of the CourtDodge, J.
The character of the action that relator has attempted to institute in this case is thrown in considerable doubt both by his complaint and by the contentions in his brief. Apart from statute the only method known to courts for the trial of title to a public office, other than pñma facie, *675was at common law by writ of quo warranto, and is under our statutes by an action in tbe nature thereof prescribed and regulated by sec. 3466 et seq., Stats. (1898). McCrary, Elections (4th ed.) §§ 393, 425. In this form of action, as is well understood, the court tries the true merits of the controversy,…
2Cases cited11 opinions
- State ex rel. Jones v. OatesWisconsin Supreme Court · 1893
- State ex rel. Rinder v. GoffWisconsin Supreme Court · 1906
- Sublett v. BedwellMississippi Supreme Court · 1872
- Moore v. HoisingtonIllinois Supreme Court · 1863
- State ex rel. Anderton v. KempeWisconsin Supreme Court · 1887
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Boerschinger v. Elkay Enterprises, Inc.Wisconsin Supreme Court · 1965
- Warren v. BrownSouth Dakota Supreme Court · 1930
- State Ex Rel. Denton v. KinkleIndiana Supreme Court · 1949
- State ex rel. Baxter v. City of SuperiorWisconsin Supreme Court · 1929
- State Ex Rel. Shroble v. PrusenerCourt of Appeals of Wisconsin · 1993
3 more not listed; retrieve them via the Exa API.