Jos. Schlitz Brewing Co. v. Washburn Brewing Ass'n
Wisconsin Supreme Court
Appeal from an order of the circuit court for Bayfield county: 'John K. Paeish, Circuit Judge. The appeal is from an order adjudging defendants guilty of contempt and requiring of them payment of a fine of $200' and the costs and expenses of the contempt proceedings, taxed at $465, any item included therein not to he again taxed against the defendants in the action, and adjudging that defendant Flynn should be imprisoned in the county jail of Bayfield county till payment of…
Read the full summary
Appeal from an order of the circuit court for Bayfield county: 'John K. Paeish, Circuit Judge. The appeal is from an order adjudging defendants guilty of contempt and requiring of them payment of a fine of $200' and the costs and expenses of the contempt proceedings, taxed at $465, any item included therein not to he again taxed against the defendants in the action, and adjudging that defendant Flynn should be imprisoned in the county jail of Bayfield county till payment of such fine and costs and expenses. The action was to prevent defendants from engaging in brewery business, or the…
1Opinion of the Court
Mabshali,, J.
The order appealed from is impeached because it does not limit the time during which payment to the respondent as therein directed may be enforced by imprisonment. Sec. 4633, Stats. 1898, is referred to as requiring such a limitation. That provides as follows:
“When a fine is imposed as the whole or any part of the punishment for any offense by any law the court shall also sentence the defendant to pay the costs of the prosecution and the costs incurred by the county at the request of the defendant, and to be committed to the county jail until the fine and costs are paid or…
2Cases cited3 opinions
- State ex rel. Attorney General v. Circuit Court for Eau Claire CountyWisconsin Supreme Court · 1897
- Poertner v. RusselWisconsin Supreme Court · 1873
- In re BakerWisconsin Supreme Court · 1888
3Cited by7 opinions
- Upper Lakes Shipping, Ltd. v. Seafarers' International UnionWisconsin Supreme Court · 1963
- Emerson v. HussWisconsin Supreme Court · 1906
- Kenosha Unified School District No. 1. v. Kenosha Education Ass'nWisconsin Supreme Court · 1975
- Smith v. BurnsWisconsin Supreme Court · 1974
- Cox v. StateWisconsin Supreme Court · 1954
2 more not listed; retrieve them via the Exa API.