Legal Opinion · Dissent

State ex rel. Bancroft v. Frear

Wisconsin Supreme Court

Decided December 6, 1910Published

This suit is brought originally in this court to compel the-defendant to certify the name of the relator to the different county clerks of the state as the candidate to be placed upon the official ballot of the Republican party for the office of attorney general, to be voted for at the general election to beheld in November, 1910. The complaint alleges that a primary election was held in Wisconsin on September 6, 1910; that more than thirty days prior to the holding of such…

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This suit is brought originally in this court to compel the-defendant to certify the name of the relator to the different county clerks of the state as the candidate to be placed upon the official ballot of the Republican party for the office of attorney general, to be voted for at the general election to beheld in November, 1910. The complaint alleges that a primary election was held in Wisconsin on September 6, 1910; that more than thirty days prior to the holding of such election, the relator and Erank T. Tucker and Henry A. Gunder-son each duly filed in the office of the secretary of…

1DissentTimlin, J.

Erank T. Tucker, Henry A. Gunderson, and the relator were lawfully upon the official pri-maiy or nominating election ballot as candidates for the Ee-*100publican nomination for the office of attorney general. This primary election was held on September 6, 1910. After the official primary election ballots had been printed and on September 1, 1910, Mr. Tucker came to his death by drowning. No nomination was made to fill his place, but his name remained on the official primary election ballot. The fact of his death was widely known before the primary election, and, besides,» a large number of…

2Cases cited17 opinions

  1. Stark v. StarrsSupreme Court of the United States · 1868
  2. State ex rel. Off v. SmithWisconsin Supreme Court · 1861
  3. Barnum v. GilmanSupreme Court of Minnesota · 1881
  4. State ex rel. Holden v. TierneyWisconsin Supreme Court · 1868
  5. Turney v. WiltonIllinois Supreme Court · 1865

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