State ex rel. Olson v. Lahiff
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for St. Croix county: James Wickham, Judge. This is an action of quo- warranto to try the title to the office of chief of the fire department of the city of Hudson.
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Appeal from a judgment of the circuit court for St. Croix county: James Wickham, Judge. This is an action of quo- warranto to try the title to the office of chief of the fire department of the city of Hudson. The relator claims the office by virtue of an appointment by a hoard of police and fire commissioners appointed by the mayor of the city, and the defendant by virtue of an appointment by a like board appointed by the president of the council of the city, and the sole question is which board was the legally appointed board. There is no material dispute as to* the facts. Hudson is a city…
1Opinion of the CourtWinslow, C. J.
Appellant’s position is this in brief: At any time between the 25th day of April and the 2d day of' May it was within the power of the mayor of the city of Hudson to appoint a hoard of police and fire commissioners; the mayor was absent from the city on one of the days during that *492period, and under the provisions of the charter the president •of the council could exercise “all the powers” of the mayor during that day; hence the appointments made by the president of the council on that day were legal and valid.
The argument is specious, but in our judgment unsound. 'The provision of the charter…
2Cases cited4 opinions
- Watkins v. MooneyCourt of Appeals of Kentucky · 1903
- Mayor of Detroit v. MoranMichigan Supreme Court · 1881
- O'Mally v. McGinnWisconsin Supreme Court · 1881
- State ex rel. Emberson v. ByrneWisconsin Supreme Court · 1897
3Cited by9 opinions
- Montgomery v. ClevelandMississippi Supreme Court · 1923
- Markham v. CornellSupreme Court of Kansas · 1933
- In Re GovernorshipCalifornia Supreme Court · 1979
- Sawyer v. First Judicial District CourtNevada Supreme Court · 1966
- Cytacki v. BusckoMichigan Supreme Court · 1924
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