State ex rel. Hallam v. Lally
Wisconsin Supreme Court
'Appeal from a judgment of tbe circuit court for Douglas county: A. J. ViNJE, Circuit Judge. Quo warranto action involving tbe right to tbe office of alderman of tbe Tenth ward of tbe city of Superior. Tbe relator by tbe official canvass was defeated by a small majority of tbe votes cast, given to tbe defendant. Tbe former duly qualified and entered upon tbe duties of tbe office.
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'Appeal from a judgment of tbe circuit court for Douglas county: A. J. ViNJE, Circuit Judge. Quo warranto action involving tbe right to tbe office of alderman of tbe Tenth ward of tbe city of Superior. Tbe relator by tbe official canvass was defeated by a small majority of tbe votes cast, given to tbe defendant. Tbe former duly qualified and entered upon tbe duties of tbe office. Tbe cause was tried by tbe court, resulting in a decision that tbe relator was elected by one majority of tbe legal votes cast. Tbe decision turned on tbe question of whether tbe vote of Frank Allman and that of Paul…
1Opinion of the CourtMaeshall, J.
The motion for a continuance was addressed to the sound discretion of the court. There are no satisfactory indications that such discretion was abused. The motion was properly denied because the affidavit did not inform the court as to what efforts had been made to obtain the attendance of Horton or what efforts had been made to prepare for trial in respect to the point in relation to which his testimony was desired. On the contrary, as the court held, it appeared that appellant had not made any preparation whatever to meet the case which the complaint advised him would be presented.
It is…
2Cases cited4 opinions
- People Ex Rel. Smith v. PeaseNew York Court of Appeals · 1863
- State ex rel. Hopkins v. OlinWisconsin Supreme Court · 1868
- State ex rel. Bell v. ConnessWisconsin Supreme Court · 1900
- State ex rel. Leonard v. RosenthalWisconsin Supreme Court · 1905
3Cited by7 opinions
- Seibold v. WahlWisconsin Supreme Court · 1916
- Druska v. Western Wisconsin Telephone Co.Wisconsin Supreme Court · 1922
- Estate of Hatten v. First Wisconsin Trust Co.Wisconsin Supreme Court · 1939
- State ex rel. Beu v. LockwoodSupreme Court of Iowa · 1917
- State ex rel. Small v. BosackiWisconsin Supreme Court · 1913
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