Legal Opinion

State v. McGarry

Wisconsin Supreme Court

Decided January 15, 1867PublishedCited by 44 opinions

Action in the nature of a quo warranto, commenced in this court, to try the title of the defendant to the office of Inspector of the House of Correction for Milwaukee county. The substance of the complaint and answer will sufficiently appear from the opinion. A motion to quash the answer was denied, on the ground that the proper practice was to demur. The complainant then demurred to the answer as not stating a defense.

1Opinion of the CourtDixon, C. J.

The statute defining the powers of the board of supervisors of Milwaukee county for the regulation and management of the house of correction in that county, contains this language: “ Said board shall also appoint one inspector for said house of correction, who shall be the principal keeper of said house of correction, and who shall bold his office for the term of two years, commencing on the first Monday of January succeeding his appointment, unless sooner removed by said board for incompetency, improper conduct, or other cause satisfactory to said board. The cause of such removal shall be…

2Cases cited2 opinions

  1. State ex rel. Gill v. Common Council of WatertownWisconsin Supreme Court · 1859
  2. Hathaway v. BaldwinWisconsin Supreme Court · 1864

3Cited by44 opinions

  1. State ex rel. Hart v. Common CouncilSupreme Court of Minnesota · 1893
  2. Ekern v. McGovernWisconsin Supreme Court · 1913
  3. Donahue v. County of WillIllinois Supreme Court · 1881
  4. Moore v. StricklingWest Virginia Supreme Court · 1899
  5. McCully v. StateTennessee Supreme Court · 1899

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