State ex rel. Zabel v. Bd. of Canvassers of Milwaukee Cnty.
| Decision Date | 12 January 1915 |
| Citation | 159 Wis. 249,150 N.W. 554 |
| Parties | STATE EX REL. ZABEL v. BOARD OF CANVASSERS OF MILWAUKEE COUNTY ET AL. |
| Court | Wisconsin Supreme Court |
OPINION TEXT STARTS HERE
W. B. Rubin, and W. C. Zabel, both of Milwaukee, for plaintiff.
Lyman G. Wheeler and H. S. Sloan, Asst. Dist. Attys., both of Milwaukee, for defendants.
Mandamus action to compel the Board of Canvassers of Milwaukee County to complete its canvass of the returns from the various election districts in such county of the results of the election for county officers held in November 1914, and to issue certificates of election evidencing the result of the canvass, particularly as to the relator, W. C. Zabel.
Issue was joined by demurrer to the return.
The reasons given in the return for delay are substantially the same as in State ex rel. Husting v. Board of State Canvassers et al., 150 N. W. 542, decided herewith, viz.: Pending proceedings for a recount under the provisions of § 86. 1.
The question raised in manner aforesaid is ruled in favor of the plaintiff by the decision in State, etc., v. Board of State Canvassers et al., and for the reasons which will be found stated in the opinion in that case. Following such decision the court ordered herein thus:
(1) That the demurrer to the return be sustained, and
(2) That a peremptory writ of mandamus issue, returnable with all convenient speed and not later than December 15th, 1914, commanding that said canvassers make the statement of votes cast for county officers in Milwaukee County, file the same with the county clerk and publish the results, and that the county clerk issue certificates of election thereon, all as provided by sections 83, 84 and 85, Stats. of Wisconsin; and it appearing that the time for efficient recount proceedings has expired, further ordered that all recount proceedings under section 86. 1. do now cease.
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