State ex rel. Dunning v. Giles
Wisconsin Supreme Court
MANDAMUS. This was an application for a mandamus as against Giles, the clerk of the board of supervisors of Dane county, who withheld from the relator a certificate of his election for that county, as sheriff, at the general election in 1848, and who gave to Peter W. Matts, the opposing candidate for the. same office, a certificate of election as sheriff. Dunning and Matts were both candidates at the election for the office of sheriff.
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MANDAMUS. This was an application for a mandamus as against Giles, the clerk of the board of supervisors of Dane county, who withheld from the relator a certificate of his election for that county, as sheriff, at the general election in 1848, and who gave to Peter W. Matts, the opposing candidate for the. same office, a certificate of election as sheriff. Dunning and Matts were both candidates at the election for the office of sheriff. Matts was the sheriff at the time of election, and received the greatest number of votes of any candidate, and Dunning, the relator, received the next highest…
1Opinion of the CourtStow, C. J.
The questions to be decided in this matter are, first, whether a person holding the ofiice of sheriff at the adoption of the constitution was eligible to that office, haying received the highest number of votes at the late general election ? And if not, second, whether the person who received the next highest number of votes was elected ?
As to the first of these questions, the court is, as nearly as can be, equally divided, the opinion now delivered being that of a constitutional majority only ; the judges of the first and second circuits dissenting. As to the second question there is no…
2Cited by19 opinions
- State v. EsserWisconsin Supreme Court · 1962
- State ex rel. Attorney General v. VailSupreme Court of Missouri · 1873
- State ex rel. Off v. SmithWisconsin Supreme Court · 1861
- State ex rel. La Follette v. KohleeWisconsin Supreme Court · 1930
- McKinney v. BarkerCourt of Appeals of Kentucky · 1918
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