Legal Opinion

State v. Zillmann

Wisconsin Supreme Court

Decided April 19, 1904PublishedCited by 8 opinions

Appeal from an order of the circuit court for Clark county: James O’Neill, Circuit Judge. This is an action to recover a penalty under ch. 379, Laws of 1901. The complaint alleges that the defendant is indebted to the plaintiff in the sum of $250 under sec. 5 of said chapter; that the defendant at the time ivas president of the village, and a member of the board of review of the assessment district of the village of Thorp, in Clark county.

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Appeal from an order of the circuit court for Clark county: James O’Neill, Circuit Judge. This is an action to recover a penalty under ch. 379, Laws of 1901. The complaint alleges that the defendant is indebted to the plaintiff in the sum of $250 under sec. 5 of said chapter; that the defendant at the time ivas president of the village, and a member of the board of review of the assessment district of the village of Thorp, in Clark county. As to the particular delinquency, the complaint charges: “That on the 24th day of August, in the year 1903, the defendant herein named, and J. B. Bachman,-…

1Opinion of the Court

The following opinion was filed February 23, 1904:

SiubeciceR, T.

Sec. 3295, Stats. 1898, provides that, in an action to recover forfeitures:

“It shall be sufficient to allege in the complaint that the defendant is indebted to the plaintiff in the amount of the forfeiture claimed, according to the provisions of the statute which imposes it, specifying the section and chapter containing such statute. And when such section imposes a forfeiture for several offenses or delinquencies it shall specify *475the particular offense or delinquency for which the action was brought, with a demand for judgment…

2Cases cited5 opinions

  1. State v. SmithWisconsin Supreme Court · 1881
  2. Chafin v. Waukesha CountyWisconsin Supreme Court · 1885
  3. Brown v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1891
  4. State v. Citizens' Insurance Co. of MobileWisconsin Supreme Court · 1888
  5. Faribault Water Works Co. v. County of RiceSupreme Court of Minnesota · 1890

3Cited by8 opinions

  1. Baker v. PaxtonWyoming Supreme Court · 1923
  2. State v. PetersIdaho Supreme Court · 1927
  3. In Re Overland Co. v. UtterIdaho Supreme Court · 1927
  4. National Foundation of Health, Welfare & Pension Plans, Inc. v. City of BrookfieldWisconsin Supreme Court · 1974
  5. State ex rel. Baker v. HaugenWisconsin Supreme Court · 1916

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