City of Oshkosh v. Schwartz
Wisconsin Supreme Court
ERROR to the County Court of Wwmebago County. The defendant was arrested and brought before a justice of the peace in the city upon complaint for exhibiting to public view, for gain, within the city a theatrical entertainment, to wit, “ The Corinne Merry-makers,” without first having obtained a license therefor, in violation of an ordinance of the city entitled “ An ordinance relating to the exhibitions of shows and showmen,” providing in effect that it should not be lawful…
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ERROR to the County Court of Wwmebago County. The defendant was arrested and brought before a justice of the peace in the city upon complaint for exhibiting to public view, for gain, within the city a theatrical entertainment, to wit, “ The Corinne Merry-makers,” without first having obtained a license therefor, in violation of an ordinance of the city entitled “ An ordinance relating to the exhibitions of shows and showmen,” providing in effect that it should not be lawful for any person or persons to exhibit to public view any theatrical or musical entertainment, or any show or exhibition…
1Opinion of the CourtCassoday, J.
The only question for determination is whether attorney’s fees can, in a case like this, be properly adjudged against the city. The charter (sec. 10, subch. 13, ch. 123, Laws of 1877), provides that “in city prosecutions the finding*of the court or jury shall be either guilty or not guilty. If guilty, the court shall render judgment thereon against the defendant for the fine, penalty, or forfeiture contained in the ordinance, by-law, or resolution for the violation of which the person or persons shall have been adjudged guilty, and the costs of suit; but if not guilty, the costs shall be…
2Cases cited5 opinions
- President of Platteville v. McKernanWisconsin Supreme Court · 1882
- President of the Village of Platteville v. BellWisconsin Supreme Court · 1878
- State v. SmithWisconsin Supreme Court · 1881
- State ex rel. Guenther v. MilesWisconsin Supreme Court · 1881
- State v. HaydenWisconsin Supreme Court · 1873
3Cited by23 opinions
- Ogden v. City of MadisonWisconsin Supreme Court · 1901
- City of Greeley v. HammanSupreme Court of Colorado · 1888
- City of Milwaukee v. RuplingerWisconsin Supreme Court · 1914
- City of Milwaukee v. JohnsonWisconsin Supreme Court · 1927
- Koch v. StateWisconsin Supreme Court · 1906
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