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BOERSCHINGER v. ELKAY ENTERPRISES, INC.

26 Wis.2d 102 (1965)

BOERSCHINGER and others, Plaintiffs, v. ELKAY ENTERPRISES, INC., and others, Defendants. [Three appeals.]

Supreme Court of Wisconsin.

January 5, 1965.

Attorney(s) appearing for the Case

For the plaintiffs there was a brief by Kaftan, Kaftan & Kaftan and Robert P. Stebbins, all of Green Bay, and oral argument by Mr. Arthur Kaftan and Mr. Stebbins.

For the defendants Elkay Enterprises, Inc., Packerland Packing Company, Inc., and Frank O. Zeise Construction Company, Inc., there were briefs by Berk & Pressentin of Green Bay, and oral argument by Bernard Berk.

For the defendants Ted J. Denissen, Ronald Tordeur, Clarence Vanden Heuvel, and town of Bellevue, there was a brief by Cornelisen, Denissen, Kranzush & Kuehn, and oral argument by David J. Condon, all of Green Bay.

BEILFUSS, J.

The principal reason stated by the trial judge in sustaining the demurrer of the municipal defendants was his opinion that the title to public office could not be tried in a declaratory-judgment action but must be by quo warranto by the attorney general in the name of the state.

Generally speaking, quo warranto is the proper and exclusive remedy to try title to office.

The plaintiffs contend that questions of title to office...

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