City of Milwaukee v. Locher & Schefrin Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe municipal court of Milwaukee county: A. C. Baceus, Judge. Action to enforce a penalty for a violation of sec. 1428 of tbe Ordinances of tbe City of Milwaukee (Milwaukee Code of 1914), wbicb provides that “Any person, wbo, by bimself or by bis servant or agent, or as tbe servant or agent of another, shall use or retain in bis possession any false weight or measure or any weight or measure or weighing or measuring device to be used in tbe buying…
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Appeal from a judgment of tbe municipal court of Milwaukee county: A. C. Baceus, Judge. Action to enforce a penalty for a violation of sec. 1428 of tbe Ordinances of tbe City of Milwaukee (Milwaukee Code of 1914), wbicb provides that “Any person, wbo, by bimself or by bis servant or agent, or as tbe servant or agent of another, shall use or retain in bis possession any false weight or measure or any weight or measure or weighing or measuring device to be used in tbe buying or selling of any commodity or thing which has not been sealed by the sealer of weights and measures according to- the…
1DissentEsohweileb, J.
I must dissent from the conclusion of the court in this case. The plain purpose and only reason for the existence of sec. 1428 of the City Ordinances of Milwaukee is the proper one of preventing fraud in buying and selling of commodities either by false representations as to quantities or by the use of weights which deceive. It should be construed when applied to any particular set of facts in the light of its purpose. State v. Halt, 141 Wis. 30, 34, 123 N. W. 251; Weirich v. State, 140 Wis. 98, 101, 121 N. W. 652; State v. Boliski, 156 Wis. 78, 81, 145 N. W. 368.
The construction put upon…
2Cases cited11 opinions
- Chambers v. Northwestern Mutual Life InsuranceSupreme Court of Minnesota · 1896
- City of Milwaukee v. RuplingerWisconsin Supreme Court · 1914
- Commonwealth v. PattersonMassachusetts Supreme Judicial Court · 1885
- Weirich v. StateWisconsin Supreme Court · 1909
- State v. HamleyWisconsin Supreme Court · 1909
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