State ex rel. Chase v. McKinney
Wisconsin Supreme Court
This was an action (brought in this court) to try title to the office of district attorney for Dane county. The complaint, after reciting the election of one Ball to said office in November, 1868, for the term of two years, the resignation of said Ball, the acceptance of said resignation, and his removal from the state, in July, 186'9, and the appointment of the defendant, McKinney, to fill the vacancy thus created, further alleges that .the facts of such resignation and…
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This was an action (brought in this court) to try title to the office of district attorney for Dane county. The complaint, after reciting the election of one Ball to said office in November, 1868, for the term of two years, the resignation of said Ball, the acceptance of said resignation, and his removal from the state, in July, 186'9, and the appointment of the defendant, McKinney, to fill the vacancy thus created, further alleges that .the facts of such resignation and removal of Ball, and of the appointment of defendant, were published in said month of July in three newspapers printed and…
1Opinion of the CourtCole, J.
We are of the opinion that the demurrer to the answer must be overruled. It appears from the pleading, that one Farlin Q. Ball, at the general election in November, 1868, was elected to the office of district attorney for Dane county for the term of two years from the first Monday in January, 1869. Ball duly qualified, and entered upon the discharge of the duties of the office, and continued to exercise the same until the 16th of July, 1869, when he resigned. The respondent was thereupon appointed to fill the vacancy caused by the resignation of Ball.
For the purpose of disposing of the…
2Cases cited2 opinions
- State ex rel. Lutfring v. GœtzeWisconsin Supreme Court · 1867
- State ex rel. Peacock v. OrvisWisconsin Supreme Court · 1866
3Cited by10 opinions
- Town of Grove v. Haskell, GovernorSupreme Court of Oklahoma · 1909
- Adsit v. OsmunMichigan Supreme Court · 1891
- State ex rel. Kleist v. DonaldWisconsin Supreme Court · 1917
- State ex rel. Sampson v. Superior CourtWashington Supreme Court · 1913
- State ex rel. Martin v. EkernWisconsin Supreme Court · 1938
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