State ex rel. Plehn v. Widule
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court ,for Milwaukee county: Geo. W. BurNell, Judge. This is an action of quo warranto brought by plaintiff ■against the defendant to determine the right of defendant to Fold the office of county clerk of Milwaukee county, Wisconsin. The defendant was a candidate for re-election at the general November, 1914, election, held November 3, 1914, and the plaintiff and others were also candidates at said election for the same office.
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Appeal from a judgment of tbe circuit court ,for Milwaukee county: Geo. W. BurNell, Judge. This is an action of quo warranto brought by plaintiff ■against the defendant to determine the right of defendant to Fold the office of county clerk of Milwaukee county, Wisconsin. The defendant was a candidate for re-election at the general November, 1914, election, held November 3, 1914, and the plaintiff and others were also candidates at said election for the same office. The board of county canvassers, proceeding according to law, determined that the defendant was duly elected and issued the…
1Dissent
WiNsnow, O. J.
(dissenting). I do not agree with this decision and I want to state why.
It is not vastly important whether Mr. Plehn or Mr. Wi-dule was elected county clerk so far as the performance of the duties of the office are concerned; probably one could perform them as well as the other; but it is vastly important that the man actually elected should be seated.
One of the basic principles on which our government is founded is the principle that the qualified candidate who receives the greatest number of votes is the only rightful officer, and whenever it appears that a minority candidate…
2Cases cited1 opinion
- State ex rel. Zabel v. Board of CanvassersWisconsin Supreme Court · 1914