State ex rel. Kustermann v. Board of State Canvassers
Wisconsin Supreme Court
This is an application for mandamos requiring tbe board of state canvassers to reconvene, determine and certify that Qustav Kustermann, petitioner, was elected as representative in Congress from tbe Ninth Congressional district of Wisconsin, and requiring tbe secretary of state to issue and transmit certificates of such election.
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This is an application for mandamos requiring tbe board of state canvassers to reconvene, determine and certify that Qustav Kustermann, petitioner, was elected as representative in Congress from tbe Ninth Congressional district of Wisconsin, and requiring tbe secretary of state to issue and transmit certificates of such election. It appears from tbe petition that tbe petitioner, Kuster-mann, was tbe Republican candidate for Congress in tbe Ninth Congressional district at tbe general election held November 8, 1910; that Thomas F. Konop was tbe Democratic candidate, Alexander McEathron tbe…
1Opinion of the Court
The following opinion was filed February 21, 1911:
KeewiN, J.
Many interesting questions are raised upon this appeal and exhaustively argued by counsel on both sides. On the part of the relator it is insisted that upon the face of the returns he was entitled to the certificate of election, and that the board of state canvassers, without authority of law and contrary to the returns, gave the certificate of election to Thomas E. Konop, Democratic candidate. It is therefore claimed that this court should award a peremptory writ of mandamus compelling the board to re-assemble and give the *302certificat…
2Cases cited11 opinions
- Gordon v. United StatesSupreme Court of the United States · 1864
- State ex rel. Jones v. OatesWisconsin Supreme Court · 1893
- State ex rel. Rinder v. GoffWisconsin Supreme Court · 1906
- State ex rel. McDill v. Board of State Canvassers & the Secretary of StateWisconsin Supreme Court · 1874
- Supervisors of La Pointe v. O'MalleyWisconsin Supreme Court · 1879
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3Cited by4 opinions
- State ex rel. Bolens v. FrearWisconsin Supreme Court · 1912
- Barlow v. FosterWisconsin Supreme Court · 1912
- State ex rel. Barber v. Circuit Court for Marathon CountyWisconsin Supreme Court · 1922
- State ex rel. Bolens v. FrearWisconsin Supreme Court · 1912