Legal Opinion

State v. Schwin

Wisconsin Supreme Court

Decided February 2, 1886PublishedCited by 14 opinions

APPEAL from the Circuit Court for Washington County. The action, was commenced in justice’s court. A written complaint was filed which states that one Peter Lochen is the acting chairman of the board of supervisors of the town of Trenton, Washington county, Wisconsin, and as such chairman makes and presents the complaint and prosecutes the action in the name of the state; that the defendant “ is indebted to the plaintiff in the sum of $200 for a penalty or forfeiture…

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APPEAL from the Circuit Court for Washington County. The action, was commenced in justice’s court. A written complaint was filed which states that one Peter Lochen is the acting chairman of the board of supervisors of the town of Trenton, Washington county, Wisconsin, and as such chairman makes and presents the complaint and prosecutes the action in the name of the state; that the defendant “ is indebted to the plaintiff in the sum of $200 for a penalty or forfeiture according to the provisions of section 1330 of chapter 52 of the Revised Statutes of the state of Wisconsin. Wherefore the…

1Opinion of the CourtObtoN, J.

This is an action brought to recover the per diem forfeiture for the continuance of an encroachment upon Salisbury street, in Yandercook’s addition to the village of Newburg, after the service of the proper order of the town supervisors to remove the same. It is provided in sec. 3295, R. S., that “ it shall be sufficient [in such an action] to allege in the complaint that the defendant is' indebted to the plaintiff in the amount of the forfeiture claimed, according to the provisions of the statute which imposes it, specifying the section and chapter containing such statute.” Sec. 1330, R. S.,…

2Cases cited3 opinions

  1. City of Racine v. J. I. Case Plow Co.Wisconsin Supreme Court · 1883
  2. Weisbrod v. Chicago & North-Western Railway Co.Wisconsin Supreme Court · 1864
  3. Hiles v. La FleshWisconsin Supreme Court · 1884

3Cited by14 opinions

  1. City of Racine v. EmersonWisconsin Supreme Court · 1893
  2. State v. BonerSupreme Court of Iowa · 1971
  3. City of Madison v. MayersWisconsin Supreme Court · 1897
  4. Sawyer v. LorenzenSupreme Court of Iowa · 1910
  5. State v. . AbernethySupreme Court of North Carolina · 1925

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