State ex rel. Bruce v. Davidson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lac County. On the first Tuesday in April, 1872, two town meetings were held in the town of Suamico, Brown county, one at the school house in district No. 1, and the other at Elintville in said town. At the former of these meetings the relator was elected town treasurer, and at the latter the defendant was elected to the same office. Each filed with the town clerk, in due time, the oath and bond required by law.
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APPEAL from the Circuit Court for Fond du Lac County. On the first Tuesday in April, 1872, two town meetings were held in the town of Suamico, Brown county, one at the school house in district No. 1, and the other at Elintville in said town. At the former of these meetings the relator was elected town treasurer, and at the latter the defendant was elected to the same office. Each filed with the town clerk, in due time, the oath and bond required by law. This action was brought to determine which of the parties was legally elected to such office. The facts, so far as it is necessary to state…
1Opinion of the CourtLyon, J.
If tbe annual town meeting of tbe town of Suam-ico for tbe year 1872 was lawfully held at Elintville, tbe defendant, having been elected at such meeting, and having duly qualified, is tbe town treasurer of that town, and tbe judgment of the circuit court is right. But if such annual town meeting was lawfully held at the place where the preceding annual meeting was held, the relator is the town treasurer, and not the defendant, and the judgment of the circuit court is erroneous. Whether the town meeting of 1872 was lawfully held at Elint-ville depends upon the validity of the ballots cast at…
2Cases cited1 opinion
- State ex rel. Peacock v. OrvisWisconsin Supreme Court · 1866
3Cited by7 opinions
- State ex rel. Kleist v. DonaldWisconsin Supreme Court · 1917
- Bartlett v. Eau Claire CountyWisconsin Supreme Court · 1901
- State ex rel. Town of Rochester v. Board of SupervisorsWisconsin Supreme Court · 1888
- Regan v. School District No. 25Washington Supreme Court · 1906
- State ex rel. Heim v. WilliamsWisconsin Supreme Court · 1902
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