Reals v. Smith
Wyoming Supreme Court
Reserved questions from the District Court, Albany County Hon. Chaeles W. Bramel, Judge. Quo Warranto, to determine the title to the office of County Assessor of Albany County. The facts are stated in the opinion. Section 5 of the Act of 1899 relating to the appointment of assessors for the years 1899 and 1900 is a special law, and interrupts the uniform operation of the general election laws; as the relator was elected in 1898 county treasurer and ex-officio assessor.
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Reserved questions from the District Court, Albany County Hon. Chaeles W. Bramel, Judge. Quo Warranto, to determine the title to the office of County Assessor of Albany County. The facts are stated in the opinion. Section 5 of the Act of 1899 relating to the appointment of assessors for the years 1899 and 1900 is a special law, and interrupts the uniform operation of the general election laws; as the relator was elected in 1898 county treasurer and ex-officio assessor. If Section 5 is invalid, the whole Act must fall, as it is entire, and embraces a single scheme for the assessment of…
1Opinion of the Court
Potter, Chief Justice.
This is an action in the nature of quo warranto to try the title to the office of county assessor of Albany County. The questions reserved for ourL decision by the district court arise in the case upon its submission under an agreed statement of facts after issues were joined by petition and answer.
The suit is brought in the name of the person claiming *163the office instead of in the name of the State on the relation of said claimant.
The defendant, however, interposed no objection on the ground of defect of parties, probably for the reason that an early decision on the…
2Cases cited15 opinions
- People ex rel. Le Roy v. HurlbutMichigan Supreme Court · 1871
- Warner v. People ex rel. ConnerNew York Supreme Court · 1845
- In re Fourth Judicial DistrictWyoming Supreme Court · 1893
- State ex rel. Attorney-General v. DavisSupreme Court of Missouri · 1869
- Jordan v. BaileySupreme Court of Minnesota · 1887
10 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- State ex rel. Corry v. CooneyMontana Supreme Court · 1924
- State v. SnyderWyoming Supreme Court · 1923
- Taxpayers' League of Carbon County v. McPhersonWyoming Supreme Court · 1936
- State ex rel Wyckoff v. RossWyoming Supreme Court · 1924
- State ex rel. Hamilton v. GrantWyoming Supreme Court · 1905
12 more not listed; retrieve them via the Exa API.