Legal Opinion

State ex rel. Attorney General v. Conklin

Wisconsin Supreme Court

Decided January 15, 1874PublishedCited by 10 opinions

Action in the nature of a quo warranto, commenced in this court, in August, 1873, to try the title of the defendant, Conk-lin, to the office of treasurer of the St. Raphael’s Benevolent Society, a corporation in this state existing under an act approved March 3, 1870. The complaint avers that said society was organized under said act, at Madison in this state, in 1870, and has ever since existed at that place; that by said act it was endowed, among other things, with power…

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Action in the nature of a quo warranto, commenced in this court, in August, 1873, to try the title of the defendant, Conk-lin, to the office of treasurer of the St. Raphael’s Benevolent Society, a corporation in this state existing under an act approved March 3, 1870. The complaint avers that said society was organized under said act, at Madison in this state, in 1870, and has ever since existed at that place; that by said act it was endowed, among other things, with power to enforce for its proper government a constitution and by-laws not inconsistent with the constitution and laws of the…

1Opinion of the CourtDixoN, C. J.

This is a demurrer on the part of the state by the attorney general, who is represented by counsel for the complainant, Farrell, to the same answer upon which the motion for judgment for frivolousness was made before the writer at chambers, in October last, which motion was denied on the 17th of November following, for reasons stated in the opinion filed on that day. Leave having been asked and obtained to demur to the answer, this demurrer has been filed and served, and brought to argument before the court, and now remains to be decided. But two questions are necessary to be, and will be,…

2Cases cited3 opinions

  1. Ganson v. MadiganWisconsin Supreme Court · 1862
  2. Orton v. NoonanWisconsin Supreme Court · 1870
  3. Lamb v. KlausWisconsin Supreme Court · 1872

3Cited by10 opinions

  1. State ex rel. Attorney General v. CunningamWisconsin Supreme Court · 1892
  2. State ex rel. Bolens v. FrearWisconsin Supreme Court · 1912
  3. State Ex Rel. Siciliano v. JohnsonWisconsin Supreme Court · 1963
  4. Carstens v. EarlesWashington Supreme Court · 1901
  5. Joy v. Ditto, Inc.Illinois Supreme Court · 1934

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