Carter v. Dow
Wisconsin Supreme Court
APPEAL from the Circuit. Court ior Jefferson County. Action brought by Garter against Dow,' Rice and Dutcher, for false imprisonment.
Read the full summary
APPEAL from the Circuit. Court ior Jefferson County. Action brought by Garter against Dow,' Rice and Dutcher, for false imprisonment. The answer of Rice alleges that at • and before the time of the imprisonment complained of, he was a justice of the peace for the town of Lake Mills, in Jefferson county, and on the 23d of June, 1860, at said town, the defendant Dow made a complaint before him, under oath, against Garter, “ that Garter was then the keeper of a male dog over six months of age, and that he kept the same in violation of ‘ an act to regulate and license the keeping of dogs,’ and…
1Opinion of the Court
By the Court,
Dixon C. J.
We agree with the plaintiff’s counsel, that the forfeiture incurred under section 7, of chap. 175, Laws of 1860, must be enforced by civil action. That act does not prescribe the form of the remedy, further than that the prosecution shall be in the name of the state, sec. 13. The general statute (R. S., chi 155, secs. 1, 2,) declares that in all cases not otherwise specially provided for, where the act or omission shall not be a misdemeanor, the penalty or forfeiture may be sued for and recovered in a civil action in the name of the state, and that it shall be…
2Cited by17 opinions
- Van Hook v. City of SelmaSupreme Court of Alabama · 1881
- Standard Chemical & Oil Co. v. City of TroySupreme Court of Alabama · 1917
- Van Horn v. PeopleMichigan Supreme Court · 1881
- Alabama Power Co. v. City of Carbon HillSupreme Court of Alabama · 1937
- Baker v. StateWisconsin Supreme Court · 1882
12 more not listed; retrieve them via the Exa API.