Legal Opinion

State ex rel. Mercer v. Sullivan

Wisconsin Supreme Court

Decided November 15, 1892PublishedCited by 5 opinions

APPEAL from the Circuit Court for Oneida, County. At the general election last preceding April 5, 1892, the town of Minocqua was divided into two election precincts, the first being at the village of Minocqua, and the second being at Manitowish Station. At the annual town meeting held in said town, April 5, 1892, the relator and one M. F. Doyle were each candidates for the office of chairman of said town.

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APPEAL from the Circuit Court for Oneida, County. At the general election last preceding April 5, 1892, the town of Minocqua was divided into two election precincts, the first being at the village of Minocqua, and the second being at Manitowish Station. At the annual town meeting held in said town, April 5, 1892, the relator and one M. F. Doyle were each candidates for the office of chairman of said town. At the village of Minocqua the relator received 131 votes, and Doyle received 105, and at Mani-towish Station the relator received 5 votes and Doyle 42, making the relator’s votes, in the…

1Opinion of the CourtCassoday, J.

The aggregate number of votes cast at the town meeting at both precincts, April 5, 1892, for chairman of the town, was 283. Of these Doyle received 147, and the relator 136, and Doyle was, accordingly, declared elected; and the requisite statement thereof was made and certified, and left and filed with the town clerk; and Doyle thereupon qualified and entered upon the duties of his office five days prior to the time when this proceeding was instituted. The contention is that the inspectors wrongfully counted the votes cast for that and other offices at Manitowish Station. Each and all the…

2Cases cited2 opinions

  1. St. Louis County Court v. SparksSupreme Court of Missouri · 1846
  2. In Re DelgadoSupreme Court of the United States · 1891

3Cited by5 opinions

  1. State ex rel. Jones v. OatesWisconsin Supreme Court · 1893
  2. State ex rel. Lochschmidt v. RaislerWisconsin Supreme Court · 1907
  3. Caffrey v. CaffreySuperior Court of Pennsylvania · 1905
  4. State ex rel. City of Manitowoc v. GreenWisconsin Supreme Court · 1907
  5. State ex rel. Kustermann v. Board of State CanvassersWisconsin Supreme Court · 1911

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