State v. Tall
Wisconsin Supreme Court
EXCEPTIONS from the Circuit Court for Rock County. The complaint, omitting the caption, etc., was as follows: “Webster H. Pease, of said county, being first duly sworn and examined on oath, by and before David L. Mills, a justice of the peace of said county, makes complaint and says that William Tall did on the 9th day of November, A. D. 1880, at the town of Fulton in said county, unlawfully vend, sell, deal and traffic in, to, and with Stephen Saxby, J. Cord-ner, and C. C.…
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EXCEPTIONS from the Circuit Court for Rock County. The complaint, omitting the caption, etc., was as follows: “Webster H. Pease, of said county, being first duly sworn and examined on oath, by and before David L. Mills, a justice of the peace of said county, makes complaint and says that William Tall did on the 9th day of November, A. D. 1880, at the town of Fulton in said county, unlawfully vend, sell, deal and traffic in, to, and with Stephen Saxby, J. Cord-ner, and C. C. Oviatt, spirituous, malt, ardent, and intoxicating liquors and drinks, without having first obtained license therefor;…
1Opinion of the Court
Oetoít, J.
This case comes to this court upon exceptions summarily settled and allowed by the circuit court. The complaint was for selling and giving away intoxicating liquors, without first having obtained a license therefor, and was first tried before a justice of the peace, and then on appeal in the circuit court. In the circuit court the case was tried de novo, and if the justice had jurisdiction of the subject matter, and of the defendant’s person, and rendered judgment wholly unauthorized by law, and void for that reason, an appeal by the defendant from such judgment nevertheless gives…
2Cases cited5 opinions
- Nichols v. StateWisconsin Supreme Court · 1874
- State v. DownerWisconsin Supreme Court · 1866
- Allen v. StateWisconsin Supreme Court · 1856
- State v. HaasWisconsin Supreme Court · 1881
- State v. DaleWisconsin Supreme Court · 1854
3Cited by4 opinions
- Steuer v. StateWisconsin Supreme Court · 1884
- State v. McCafferyMontana Supreme Court · 1895
- State v. BoncherWisconsin Supreme Court · 1884
- Rasmussen v. StateWisconsin Supreme Court · 1885