State ex rel. Warden v. Knight
Wisconsin Supreme Court
APPEAL from the Circuit Court for Bayfield County.- The following statement of the facts was prepared by Mr. Justice LyoN in connection with the opinion upon a motion to fix the amount of an undertaking to be given by the appellant to stay proceedings, pending the appeal, upon the judgment appealed from: This is a contest for the office of treasurer of Bayfield county. At the general election held in November, 1890, Alonzo.
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APPEAL from the Circuit Court for Bayfield County.- The following statement of the facts was prepared by Mr. Justice LyoN in connection with the opinion upon a motion to fix the amount of an undertaking to be given by the appellant to stay proceedings, pending the appeal, upon the judgment appealed from: This is a contest for the office of treasurer of Bayfield county. At the general election held in November, 1890, Alonzo. Knight, the appellant, who was then the incumbent of the office, and Alfred M. Warden, the respondent, were opposing candidates for election to such office. Warden was…
1Opinion of the Court
The following opinion was filed January 12, 1892:
LyoN, J.
"We are of the opinion that a stay of proceedings on the judgment in the quo warranto action pending the appeal is not a matter of strict right, even if it be conceded that the statute authorizes it. Without deciding the point, we assume that the statute authorizes the court to prescribe the proper undertaking for a stay of proceedings on the judgment.
There are certain considerations which should guide and control the court in determining whether, in this case, the court should exercise such authority and stay the proceedings on the…
2Cases cited15 opinions
- Jones v. City of JeffersonTexas Supreme Court · 1886
- Badger v. United States Ex Rel. BollesSupreme Court of the United States · 1877
- Marsh v. Board of SupervisorsWisconsin Supreme Court · 1877
- Council of Glencoe v. People ex rel. OwenIllinois Supreme Court · 1875
- People ex rel. Illinois Midland Railway Co. v. Supervisor of Barnett TownshipIllinois Supreme Court · 1881
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3Cited by2 opinions
- Warden v. Bayfield CountyWisconsin Supreme Court · 1894
- State ex rel. Pluntz v. JohnsonWisconsin Supreme Court · 1922