Stoltman v. Town of Lake
Wisconsin Supreme Court
ERROR to review a judgment of the municipal court for 'Milwaukee county: A. 0. Braze®, Judge. Plaintiff in error was convicted of having violated an ordinance or resolution of the hoard of health of the town of Lake prohibiting the bringing of any garbage, offal, night soil, refuse, dead dogs, dead horses, or the dead carcasses of other animals, except as may be designated for human food, for the purposes of burying, deposit, disposal, consumption, or any other purpose, into…
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ERROR to review a judgment of the municipal court for 'Milwaukee county: A. 0. Braze®, Judge. Plaintiff in error was convicted of having violated an ordinance or resolution of the hoard of health of the town of Lake prohibiting the bringing of any garbage, offal, night soil, refuse, dead dogs, dead horses, or the dead carcasses of other animals, except as may be designated for human food, for the purposes of burying, deposit, disposal, consumption, or any other purpose, into the town of Lalce, and providing that any violation thereof should be punishable under sec. 4608, Stats. 1898. The…
1Opinion of the Court
.Maeshall, T.
Whether the health regulation plaintiff in error was convicted of having violated is valid under the rules laid down in State ex rel. Adams v. Burdge, 95 Wis. 390, 70 N. W. 347, we need not determine, since there is another question involved in the appeal, the proper solution of which, it seems, is fatal to the judgment of the municipal court.
It is conceded, as the fact is, that unless the regulation is an ordinance within the meaning of ch. 388, Laws of 1903, the justice usurped authority in exercising jurisdiction in this matter. By sec. 5, ch. 218, Laws of 1899, the…
2Cases cited3 opinions
- State ex rel. Adams v. BurdgeWisconsin Supreme Court · 1897
- City of Oshkosh v. SchwartzWisconsin Supreme Court · 1882
- Butler v. WagnerWisconsin Supreme Court · 1874
3Cited by14 opinions
- Koch v. StateWisconsin Supreme Court · 1906
- C. Beck Co. v. City of MilwaukeeWisconsin Supreme Court · 1909
- State v. RoggensackWisconsin Supreme Court · 1962
- Kuder v. StateWisconsin Supreme Court · 1920
- State v. HamleyWisconsin Supreme Court · 1909
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