State ex rel. Holden v. Tierney
Wisconsin Supreme Court
Tierney and one Noyes were elected, in 1865, justices oí tbe peace in tbe town of Westport in Dane county, for the term of two years. In 1866, two other persons were elected justices for that town, one of whom did not qualify. In 1867 there were two justices to be elected for the full term to succeed Tierney and Noyes, and one to fill the vacancy created by said failure to qualify. One Kniffin was elected to fill said vacancy.
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Tierney and one Noyes were elected, in 1865, justices oí tbe peace in tbe town of Westport in Dane county, for the term of two years. In 1866, two other persons were elected justices for that town, one of whom did not qualify. In 1867 there were two justices to be elected for the full term to succeed Tierney and Noyes, and one to fill the vacancy created by said failure to qualify. One Kniffin was elected to fill said vacancy. On a majority of the ballots or “ tickets ” deposited, Noyes, the relator Holden, and one Powers, were named as candidates for the full term; on the others, the…
1Opinion of the CourtPaeue, J.
At the election in the town of Westport in the spring of 1867, it was necessary to elect two justices of the peace for a full term of two years, and one to fill a vacancy. There were two tickets in the field, and on one of these tickets were the names of three persons, who were all voted for, for *433the full term. On the other ticket two persons were yoted for, for the full term, one of whom was the defendant; and it is conceded that he received a less number of votes than either of the three persons on the other.
The question to be determined is, whether the defendant has the right to hold the…
2Cases cited4 opinions
- State ex rel. Off v. SmithWisconsin Supreme Court · 1861
- Gulick v. NewIndiana Supreme Court · 1860
- State ex rel. Dunning v. GilesWisconsin Supreme Court · 1849
- Eames v. EamesMichigan Supreme Court · 1868
3Cited by23 opinions
- State ex rel. Bolens v. FrearWisconsin Supreme Court · 1912
- Misch v. RussellIllinois Supreme Court · 1891
- State Ex Rel. First National Bank of Wisconsin Rapids v. M & I Peoples Bank of ColomaWisconsin Supreme Court · 1980
- Lawe v. HydeWisconsin Supreme Court · 1876
- State ex rel. Town of Holland v. LammersWisconsin Supreme Court · 1902
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