Legal Opinion

Common Council of the City of Oshkosh v. State ex rel. Perkins

Wisconsin Supreme Court

Decided January 29, 1884PublishedCited by 7 opinions

ERROR to the Comity Court of Winnebago County. The common council of Oshkosh granted to the relators a license to sell liquors, and on payment of the fee it was issued; but before its expiration, the council revoked the license without notice or hearing, upon a charge of unlawful selling made by the chief of police.

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ERROR to the Comity Court of Winnebago County. The common council of Oshkosh granted to the relators a license to sell liquors, and on payment of the fee it was issued; but before its expiration, the council revoked the license without notice or hearing, upon a charge of unlawful selling made by the chief of police. The relators sued out a writ of certiorari to the council from the county court, upon which judgment annulling the revocation was entered; and the council brought the case here by writ of error.

1Opinion of the CourtCole, C. J.

The return to the writ of certiorari made by the city clerk, contains a copy of a license -which had been granted by the common council to A. Perkins & Bro. to sell intoxicating liquors at retail to be drank on their premises — such license to expire on the second Tuesday of April, 1883. The return also shows that the sum of $75 was paid by them for the license, and that they gave a bond conditioned as required by law, which was approved by the common council. The return further shows that a resolution was adopted by the common council on the 14th of November, 1882, expressly revoking the…

2Cases cited3 opinions

  1. President of Platteville v. McKernanWisconsin Supreme Court · 1882
  2. State ex rel. Mitchell v. Supervisors of the Town of DecaturWisconsin Supreme Court · 1883
  3. Green County v. Village of MonroeWisconsin Supreme Court · 1882

3Cited by7 opinions

  1. Ekern v. McGovernWisconsin Supreme Court · 1913
  2. State ex rel. Getchel v. BradishWisconsin Supreme Court · 1897
  3. State ex rel. Ruemmele v. HaugenWisconsin Supreme Court · 1915
  4. Coffey v. GambleSupreme Court of Iowa · 1903
  5. State v. WackerWisconsin Supreme Court · 1888

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