State ex rel. Crain v. Acker
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Eond du Lac county: Chesteb A. Eowleb, Circuit Judge. Action in tbe nature of quo warranto between rival candidates for tbe office of county superintendent for Eond du Lae county at tbe election beld April 6, 1909. Alter some amendment of pleadings tbe action was transformed into a recount of all ballots cast, whereby respondent was found to-bave a majority of sixteen of concededly valid ballots.
Read the full summary
Appeal from a judgment of tbe circuit court for Eond du Lac county: Chesteb A. Eowleb, Circuit Judge. Action in tbe nature of quo warranto between rival candidates for tbe office of county superintendent for Eond du Lae county at tbe election beld April 6, 1909. Alter some amendment of pleadings tbe action was transformed into a recount of all ballots cast, whereby respondent was found to-bave a majority of sixteen of concededly valid ballots. There remained forty ballots of which tbe printed form and marking as to county superintendent were as follows: For County Superintendent of Schools.…
1Opinion of the CourtDodge, J.
The trial court was right in holding that the forty ballots above described were not necessarily to be disregarded or ignored merely because they were not marked in exact accordance with the directions of the statute. The constitutional right of an elector to have any reasonable expression of his intention in voting given effect is of the most sacred character, and no intent to thwart it can be ascribed to the legislature except upon unambiguous expression. .While such purpose has been found in modem ballot legislation of some of the states, it is not declared in our statutes, and a ballot…
2Cases cited5 opinions
- Musbach v. Wisconsin Chair Co.Wisconsin Supreme Court · 1900
- State ex rel. Dithmar v. BunnellWisconsin Supreme Court · 1907
- Bakalars v. Continental Casualty Co.Wisconsin Supreme Court · 1909
- State ex rel. Blodgett v. EaganWisconsin Supreme Court · 1902
- People ex rel. Bantel v. MorganAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by11 opinions
- Sturgis v. Town of Neenah Board of CanvassersCourt of Appeals of Wisconsin · 1989
- Murray v. FloydSupreme Court of Minnesota · 1943
- Prenevost v. DelormeSupreme Court of Minnesota · 1915
- State v. AndersonWisconsin Supreme Court · 1927
- McVeigh v. SpangSupreme Court of Minnesota · 1929
6 more not listed; retrieve them via the Exa API.