City of Milwaukee v. Plath
Wisconsin Supreme Court
Appeal from a judgment of the municipal court of Milwaukee county: A. C. Backus, Judge. The defendant was arrested for committing an assault and battery upon one Minzer, July 25, 1912, in violation of a city ordinance. He was tried in the district court and at the close of the trial the court directed a verdict of not guilty. The city appealed to the municipal court, where a like result followed.
Read the full summary
Appeal from a judgment of the municipal court of Milwaukee county: A. C. Backus, Judge. The defendant was arrested for committing an assault and battery upon one Minzer, July 25, 1912, in violation of a city ordinance. He was tried in the district court and at the close of the trial the court directed a verdict of not guilty. The city appealed to the municipal court, where a like result followed. From a judgment entered on a verdict directed in •favor of the defendant the plaintiff appealed.
1Opinion of the CourtViNjE, J.
The complaining witness, Minzer, testified that on July 25th he was hired by defendant to work in his restaurant and that he understood his day’s work closed at 7 o’clock in the evening. A little after 7 he went down stairs to get his coat from the cloak room. There he met defendant, who told him to go back to work till 8 o’clock. Minzer refused, and demanded his money. A dispute arose in which both profanity and obscenity were indulged in, especially by Minzer. Defendant had in his hand a small stick of wood, about half an inch thick and nearly a foot long, to which keys were attached, and…
2Cases cited1 opinion
- Johnson v. Town of Iron RiverWisconsin Supreme Court · 1912
3Cited by2 opinions
- Johnson v. Ætna Life InsuranceWisconsin Supreme Court · 1914
- Will of DurkeeWisconsin Supreme Court · 1916