Ward v. Sweeney
Wisconsin Supreme Court
Appeal from an order of the superior court of Milwaukee county: Geo. E. SutheblaNd, Judge. The city of the fourth class of South Milwaukee became such by virtue of sec. 98, ch. 287, Laws of 1897, it then being a village of more than 1,500 inhabitants.
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Appeal from an order of the superior court of Milwaukee county: Geo. E. SutheblaNd, Judge. The city of the fourth class of South Milwaukee became such by virtue of sec. 98, ch. 287, Laws of 1897, it then being a village of more than 1,500 inhabitants. After receiving its patent, municipal election was held on the 30th day of June, 1897, and the aldermen then elected qualified as such, and entered upon their duties on the 6th day of July, 1897. At the time of the regular municipal elections in April, 1899, an election for aldermen was held, and a new set elected, who claimed their right to…
1Opinion of the Court
Dod<3®, J.
It is primarity contended by -the respondents and conceded by the appellant that a court of equity cannot try the title to public office, and appellant insists that his action may be maintained as one to merely enjoin a public disturbance or an unseemly interference with those in fact exercising the duties of an office. The prominent facts alleged and the relief prayed are all of the former character. The contesting claims to the office are alleged, and the relief prayed is the enjoining of the city clerk from issuing certificates of election, and the enjoining of the aldermen-elect…
2Cases cited14 opinions
- Poyer v. Village of Des PlainesIllinois Supreme Court · 1887
- Sheridan v. ColvinIllinois Supreme Court · 1875
- State ex rel. Jones v. OatesWisconsin Supreme Court · 1893
- Moulton v. ReidSupreme Court of Alabama · 1875
- Guillotte v. PoincySupreme Court of Louisiana · 1889
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3Cited by9 opinions
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- State Ex Rel. Cameron v. JonesSupreme Court of Oklahoma · 1933
- Dappen v. WeberNebraska Supreme Court · 1921
- State ex rel. Lochschmidt v. RaislerWisconsin Supreme Court · 1907
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