Legal Opinion

State ex rel. Faber v. Hinkel

Wisconsin Supreme Court

Decided March 19, 1907PublishedCited by 4 opinions

Appeal from a judgment of the circuit court for Milwaukee county: GeoRge Clementsox, Judge. Mandamus to compel appellant, as city clerk, to call a special election for the purpose of voting upon the amount of license fee for sale of liquors in Milwaukee, in accordance with sec. 1548&, Stats.

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Appeal from a judgment of the circuit court for Milwaukee county: GeoRge Clementsox, Judge. Mandamus to compel appellant, as city clerk, to call a special election for the purpose of voting upon the amount of license fee for sale of liquors in Milwaukee, in accordance with sec. 1548&, Stats. (1898). The return conceded the filing of the petition in accordance with that section and the refusal of the appellant to so act on the ground that such section had no application within the city of Milwaukee and because the common council had already fixed the license fee at $200. Such return also set…

1Opinion of the CourtDodge, J.

1. This case presents for consideration the construction of ch. 296, Laws of 1885, now in substance embodied in secs. 1548, 15486, Stats. (1898), with reference merely to the inclusion or exclusion ofithe city of Milwaukee under its application. That act, by the first section, now sec. 1548, provided for the granting of licenses by village or town boards and common councils of the respective towns, villages, and cities, and provided that the sum to be paid for such franchises, “subject to the right to increase the same as in this chapter provided,” be in cities $200, and contained various…

2Cases cited19 opinions

  1. State ex rel. Risch v. Board of Trustees of the Policemen's Pension FundWisconsin Supreme Court · 1904
  2. Grandy v. CaseySupreme Court of Missouri · 1887
  3. In re Incorporation of Village of North MilwaukeeWisconsin Supreme Court · 1896
  4. Adams v. City of BeloitWisconsin Supreme Court · 1900
  5. State ex rel. Attorney General v. O'NeillWisconsin Supreme Court · 1869

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3Cited by4 opinions

  1. Minneapolis, St. Paul & Sault Ste. Marie Railway Co. v. Railroad Commission of WisconsinWisconsin Supreme Court · 1908
  2. State ex rel. Van Alstine v. FrearWisconsin Supreme Court · 1910
  3. Dodge v. Carri-Craft, Inc., Div. of Wis. Tanktainer, Inc.District Court, E.D. Wisconsin · 1971
  4. Mayer v. MayerWisconsin Supreme Court · 1966

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