Legal Opinion

State ex rel. Newell v. Purdy

Wisconsin Supreme Court

Decided June 15, 1874PublishedCited by 40 opinions

Action in the nature of quo warranto, brought in this court to determine, which of the parties is entitled to the office of .county judge of Yernon county. At the election for that office held in April, 1873, the relator received 1,240 votes, and the defendant 1,217 votes therefor.

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Action in the nature of quo warranto, brought in this court to determine, which of the parties is entitled to the office of .county judge of Yernon county. At the election for that office held in April, 1873, the relator received 1,240 votes, and the defendant 1,217 votes therefor. Both parties claim to be elected; both filed the official oath and bond required by law; and the defendant is in possession and is performing the duties of the office, to the exclusion of the relator. The grounds upon which the defendant denies the right of the relator to the office, as stated in the answer, are,…

1Opinion of the CourtLyon, J.

It is provided by statute as follows: “ At the annual meeting in November, in every year hereafter, the county board of supervisors for the several counties shall fix and determine the amount of the annual salary that shall be received by each and every county officer who is to be elected in their respective counties during the ensuing year, and whose annual salary the said supervisors have now or may hereafter have authority to establish. The salary thus determined upon for each and every such officer, shall be and remain his salary, without increase or diminution, during his term of…

2Cases cited1 opinion

  1. State ex rel. Hopkins v. OlinWisconsin Supreme Court · 1868

3Cited by40 opinions

  1. State ex rel. La Follette v. KohleeWisconsin Supreme Court · 1930
  2. Dietz v. ZimmerCourt of Appeals of Kentucky (pre-1976) · 1929
  3. Maxcy v. City of OshkoshWisconsin Supreme Court · 1910
  4. Murphy v. City of SpokaneWashington Supreme Court · 1911
  5. State ex rel. Bill v. EltingSupreme Court of Kansas · 1883

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