State ex rel. Rosenhein v. Frear
Wisconsin Supreme Court
Petition by a taxpayer to commence an. action in this conxt for the purpose of preventing payment of expenses out of the state treasury incurred, or that may be incurred, by a joint committee of the legislature, under a resolution clothing such committee with authority to investigate the manner in which the primary election of party candidates for the office of United States senator to he chosen by the legislature of 1909 was conducted, and any alleged improper conduct of…
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Petition by a taxpayer to commence an. action in this conxt for the purpose of preventing payment of expenses out of the state treasury incurred, or that may be incurred, by a joint committee of the legislature, under a resolution clothing such committee with authority to investigate the manner in which the primary election of party candidates for the office of United States senator to he chosen by the legislature of 1909 was conducted, and any alleged improper conduct of candidates voted for at such election, and to report the evi» deuce taken and the committee findings. The application was…
1Per curiam
The foregoing covers all matters of any possible moment stated in the bill. The court takes the application for leave to use the original jurisdiction of the court, deciding the preliminary question of judicial power, and passing beyond that, further matters being regularly reached, to and deciding the question of propriety of granting the application, resting the result on the sufficiency of the bill in all' respects as if it were challenged upon general demurrer.
The court is of the opinion:
First. If the secretary of state -and state treasurer were-about to take such action as to disburse…
2Cited by20 opinions
- McGrain v. DaughertySupreme Court of the United States · 1927
- Fergus v. RusselIllinois Supreme Court · 1915
- State ex rel. Bolens v. FrearWisconsin Supreme Court · 1912
- Schmidt v. Department of Local Affairs & DevelopmentWisconsin Supreme Court · 1968
- State ex rel. Atwood v. JohnsonWisconsin Supreme Court · 1919
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