State ex rel. Anderton v. Kempe
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. This is a civil action in the nature of quo warranto, commenced by summons and complaint pursuant to sec. 3463, R. S. It was brought to try the right of the relator, James J. Anderton, to the office of alderman of the Sixth ward in the city of Milwaukee;-which office, it is alleged in the complaint, the respondent, John J. Kempf \ has usurped and intruded into, and unlawfully holds and exercises the same, and the privileges…
Read the full summary
APPEAL from the Circuit Court for Milwaukee County. This is a civil action in the nature of quo warranto, commenced by summons and complaint pursuant to sec. 3463, R. S. It was brought to try the right of the relator, James J. Anderton, to the office of alderman of the Sixth ward in the city of Milwaukee;-which office, it is alleged in the complaint, the respondent, John J. Kempf \ has usurped and intruded into, and unlawfully holds and exercises the same, and the privileges thereto belonging, to the exclusion of the relator. It is alleged in the complaint that at an election duly held on the…
1Opinion of the CourtLyoN, J.
Conceding the jurisdiction of the court, we think the complaint states a cause of action. It contains all the averments required by sec. 3468, E. S., in such a case. But it is objected that it contains no allegation that the steps required by ch. 464, Laws of 1885, to preserve the ballots, were taken. The statute required the ballots to be preserved and disposed of in a particular manner by the proper officers, and it must be presumed, even without averment, that those officer's performed their duty. Hence the second ground of demurrer is not well taken.
The controlling question in the case…
2Cases cited8 opinions
- McVeany v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1880
- People Ex Rel. Hatzel v. . HallNew York Court of Appeals · 1880
- Commonwealth v. M'CloskeySupreme Court of Pennsylvania · 1830
- Peabody v. School CommitteeMassachusetts Supreme Judicial Court · 1874
- Kane v. People ex rel. SnyderNebraska Supreme Court · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- People ex rel. Barton v. LondonerSupreme Court of Colorado · 1889
- State ex rel. Smith v. AndersonSupreme Court of Florida · 1890
- Craft v. DavidsonCourt of Appeals of Kentucky · 1920
- State ex rel. Johnson v. ElyNorth Dakota Supreme Court · 1912
- State ex rel. Love v. CosgraveNebraska Supreme Court · 1909
12 more not listed; retrieve them via the Exa API.