Legal Opinion

State ex rel. Smith v. Drake

Wisconsin Supreme Court

Decided October 25, 1892PublishedCited by 9 opinions

APPEAL from the Circuit Court for Book County. Mandamus. The facts are sufficiently stated in the.opinion. The appeal is from a judgment awarding a peremptory writ. They contended, inter alia, that the terms of office of the, appellants having expired they would not now be permitted to act. Clark v. Buchanan, 2 Minn. 346; People ex rel. Bailey v. Supervisors, 12 Barb. 211; Oglesby v. Sigmcm, 58 Miss. 502; Myers v. Chalmers, 60 id. 772; Swain y.

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APPEAL from the Circuit Court for Book County. Mandamus. The facts are sufficiently stated in the.opinion. The appeal is from a judgment awarding a peremptory writ. They contended, inter alia, that the terms of office of the, appellants having expired they would not now be permitted to act. Clark v. Buchanan, 2 Minn. 346; People ex rel. Bailey v. Supervisors, 12 Barb. 211; Oglesby v. Sigmcm, 58 Miss. 502; Myers v. Chalmers, 60 id. 772; Swain y. McBea, 80 N. C. Ill; In re Board of Canvassers, 12 N. T. Supp. 174. The time allowed by law for voting having been materially shortened, the election…

1Opinion of the CourtOrton, J.

By the petition of the relator for an alternative writ of mandamus, and the answer or return of the trustees of the village of Clinton, as inspectors and canvassers of the village election in April, 1892, the following facts substantially appear:

In accordance with a petition of a sufficient number of • the qualified electors of said village, an election in said village was duly called, and notice thereof given, on April 5, *2591892, on the question of license or no license to deal or traffic in any spirituous, malt, or intoxicating liquors or drinks as a beverage in said village. The trustees…

2Cases cited6 opinions

  1. Tennant v. CrockerMichigan Supreme Court · 1891
  2. State ex rel. Carpenter v. HastingsWisconsin Supreme Court · 1860
  3. State ex rel. Spaulding v. ElwoodWisconsin Supreme Court · 1860
  4. Mitchell v. BoardmanSupreme Judicial Court of Maine · 1887
  5. State ex rel. Gold v. SecrestSupreme Court of Minnesota · 1885

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Menasha Wooden Ware Co. v. LawsonWisconsin Supreme Court · 1888
  2. State ex rel. Johnson v. ElyNorth Dakota Supreme Court · 1912
  3. State ex rel. Treat v. HammelWisconsin Supreme Court · 1907
  4. Mutter v. BurgessSupreme Court of Colorado · 1930
  5. List v. FestgeWisconsin Supreme Court · 1960

4 more not listed; retrieve them via the Exa API.

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