State ex rel. Emberson v. Byrne
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for La Crosse •county: O. B. WymaN, Circuit Judge. The case is stated in the opinion. They argued, among other things, that the mayor is, by the charter of La Crosse, the head of the police and the chief executive officer. Under ch. 217, Laws of 1897, in a city of this cl^ss, the mayor has the sole power to appoint the board of police and fire commissioners.
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Appeal from a judgment of the circuit court for La Crosse •county: O. B. WymaN, Circuit Judge. The case is stated in the opinion. They argued, among other things, that the mayor is, by the charter of La Crosse, the head of the police and the chief executive officer. Under ch. 217, Laws of 1897, in a city of this cl^ss, the mayor has the sole power to appoint the board of police and fire commissioners. An appointment by the mayor in office when that act took effect must be presumed to be regular and legal and not in excess of his authority. Tiedeman, Mun. Corp. § 77; People ex rel. Atty. Gen.…
1Opinion of the Court
Cassoday, O. J.
This is an action of guo warranto, brought by the relator, to oust the defendant from the possession of the office of chief of police in La Crosse, on the ground that the relator is rightfully entitled to the office. Issue being joined and trial had, the court found in favor of the defendant; and, from t-ho judgment entered thereon, the relator brings this appeal.
It appears from the record, and is found by the court or *19admitted, that April 17, 1897, D. Frank Powell was mayor of La Crosse, having been elected in April, 1895, and continued to be such until April 20, 1897, when…
2Cases cited8 opinions
- State ex rel. Hudd v. TimmeWisconsin Supreme Court · 1882
- People v. BurtMichigan Supreme Court · 1883
- Wright v. ForrestalWisconsin Supreme Court · 1886
- Atchison, Topeka & Santa Fé Railroad v. RiceSupreme Court of Kansas · 1887
- Brown v. McCormickMichigan Supreme Court · 1873
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3Cited by4 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Watkins v. MooneyCourt of Appeals of Kentucky · 1903
- State ex rel. Olson v. LahiffWisconsin Supreme Court · 1911
- Wetzel v. De GrootDistrict of Columbia Court of Appeals · 1952