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BOLENS v. WISCONSIN

No. 447.

231 U.S. 616 (1914)

34 S.Ct. 272

58 L.Ed. 400

STATE OF WISCONSIN ON THE RELATION OF BOLENS v. FREAR, SECRETARY OF STATE OF THE STATE OF WISCONSIN.

Supreme Court of United States.

Motion to dismiss submitted December 15, 1913.

Attorney(s) appearing for the Case

Mr. W.C. Owen, Attorney General of the State of Wisconsin, Mr. George G. Greene and Mr. J.E. Dodge for defendants in error in support of the motions.

Mr. Paul D. Carpenter for plaintiff in error in opposition to the motions.

MR. CHIEF JUSTICE WHITE delivered the opinion of the court.

The Attorney General of the State of Wisconsin by direction of the Governor of the State moves to dismiss on the ground that the State is the real party in interest, because Bolens, the relator, personally, was in the court below the mere agent of the State, devoid of all authority to prosecute this writ of error and thereby to implead the State in this court without its consent. Indeed, the motion to dismiss...

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