Legal Opinion

State ex rel. Willis v. Prince

Wisconsin Supreme Court

Decided August 15, 1878PublishedCited by 27 opinions

APPEAL from the Circuit Court for Ashland County. Action in the nature of quo warranto, to determine the right of the relator to the office of county clerk of Ashland county.

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APPEAL from the Circuit Court for Ashland County. Action in the nature of quo warranto, to determine the right of the relator to the office of county clerk of Ashland county. The complaint alleges the election of the relator in November, 1876, for a term of two years-from January 1, 1877; his subsequent entry upon the office, after having duly qualified; and that the defendant, on certain days of May, 1878, without legal warrant, heíd, exercised and enjoyed said office, and has claimed and still claims to hold and exercise the same. The judgment demanded is, that defendant is not entitled to…

1Opinion of the CourtORton, J.

Without considering any questions raised by the exceptions relating to the admissibility of the parol evidence, which in our view of the case are quite immaterial, we consider the adjudication of the board of supervisors of the county of Ashland, removing the relator from the office of county clerk of said county, and appointing the appellant to such office to fill the vacancy occasioned by such removal, final and conclusive as to the right to said office.

The board of supervisors has the fullest and most ample jurisdiction in such case, by the statute, and may remove such clerk “ when, in…

2Cited by27 opinions

  1. Ekern v. McGovernWisconsin Supreme Court · 1913
  2. Donahue v. County of WillIllinois Supreme Court · 1881
  3. Martin v. SmithWisconsin Supreme Court · 1941
  4. Moore v. StricklingWest Virginia Supreme Court · 1899
  5. State ex rel. Starkweather v. Common Council of the City of SuperiorWisconsin Supreme Court · 1895

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