State v. Hamley
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Green Labe county: Chestee A. Fowleb, Circuit Judge. This is a civil action commenced in the circuit court for Green Lake county for the recovery of a fine imposed by sec. 8, ch. 305, Laws of 1905 (sec. 1636 — 54, Stats.: Snpp. 1906), relating to the use of automobiles in public highways.
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Appeal from a judgment of the circuit court for Green Labe county: Chestee A. Fowleb, Circuit Judge. This is a civil action commenced in the circuit court for Green Lake county for the recovery of a fine imposed by sec. 8, ch. 305, Laws of 1905 (sec. 1636 — 54, Stats.: Snpp. 1906), relating to the use of automobiles in public highways. Secs. 4 and 8 of this chapter read as follows: “Sec. 4. Every person operating an automobile or other similar motor vehicle upon or along any of the public highways of this state shall upon a signal by putting up tire' hand, or other sign of distress, by a…
1Opinion of the Court
KeewiN, J".
The question presented is whether a civil action for the recovery of a forfeiture can be maintained or whether the action should have been criminal. The authority to maintain a civil action for the recovery of the fine imposed must be found, if at all, in sec. 3294, Stats. (1898), which reads:
“In all cases, not otherwise specially provided for by ■law, where a forfeiture shall be incurred by any person and the act or omission for which the same is imposed shall not .also be a misdemeanor, such forfeiture may be sued for and •recovered in a civil action. When such act or omission is…
2Cases cited6 opinions
- Ogden v. City of MadisonWisconsin Supreme Court · 1901
- Koch v. StateWisconsin Supreme Court · 1906
- City of Oshkosh v. SchwartzWisconsin Supreme Court · 1882
- State ex rel. City of Milwaukee v. NewmanWisconsin Supreme Court · 1897
- Stoltman v. Town of LakeWisconsin Supreme Court · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State Ex Rel. Keefe v. SchmiegeWisconsin Supreme Court · 1947
- State v. KramsvogelWisconsin Supreme Court · 1985
- City of Milwaukee v. RuplingerWisconsin Supreme Court · 1914
- City of Milwaukee v. JohnsonWisconsin Supreme Court · 1927
- Guinther v. City of MilwaukeeWisconsin Supreme Court · 1935
9 more not listed; retrieve them via the Exa API.