Legal Opinion

Attorney-General ex rel. Bashford v. Barstow

Wisconsin Supreme Court

Decided June 15, 1856PublishedCited by 79 opinions

This was an information in the nature of a quo warranto, filed originally in this court by the attorney-general. The following is the information: On. the 15th' day of January, William A. Barstow having been inaugurated into office on the 7th of the same month, and Coles Bashford having taken the oath of office the same day, the following information was filed in the Supreme Court: “ State of Wisconsin, Dane County, ss. — Wm.

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This was an information in the nature of a quo warranto, filed originally in this court by the attorney-general. The following is the information: On. the 15th' day of January, William A. Barstow having been inaugurated into office on the 7th of the same month, and Coles Bashford having taken the oath of office the same day, the following information was filed in the Supreme Court: “ State of Wisconsin, Dane County, ss. — Wm. R. Smith, Attorney-General of the State of Wisconsin, who sues for the people of the state in this behalf, comes into the Supreme Court of the said state, before the…

1Opinion of the Court

Whitoít, 0. J.

There is no substantial conflict between the affidavits on both sides. It is apparent to the most casual observer, that there are now three parties before the court, viz: The people, the relator and the respondent, and that the public interests are not hostile to those of either of the parties. Heretofore the attorney-general, as the officer of the people, has been allowed to manage cases of this kind, as it was presumed that the most vigorous prosecution would come from that source. The public is probably in little danger here, because the interest of the parties will bring out…

2Cases cited3 opinions

  1. Luther v. BordenSupreme Court of the United States · 1849
  2. Green v. BurkeNew York Supreme Court · 1840
  3. People v. HopsonCourt for the Trial of Impeachments and Correction of Errors · 1845

3Cited by79 opinions

  1. State ex rel. Attorney General v. CunningamWisconsin Supreme Court · 1892
  2. State ex rel. Bolens v. FrearWisconsin Supreme Court · 1912
  3. State v. KnappWisconsin Supreme Court · 2005
  4. In re CannonWisconsin Supreme Court · 1932
  5. Ekern v. McGovernWisconsin Supreme Court · 1913

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