Gaertner v. City of Fond du Lac
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Fond du Lac County. The following statement of tbe case was originally prepared by Mr. Justice Cole as a part of bis opinion: “ The plaintiff is tbe keeper of a saloon in tbe city of Eond du Lac, and states in bis complaint that in May, 1873, tbe common council granted him a license to sell spirituous liquors in that city, for which he paid the license fee required by that body; and that in June following, at a meeting of the common council,…
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APPEAL from tbe Circuit Court for Fond du Lac County. The following statement of tbe case was originally prepared by Mr. Justice Cole as a part of bis opinion: “ The plaintiff is tbe keeper of a saloon in tbe city of Eond du Lac, and states in bis complaint that in May, 1873, tbe common council granted him a license to sell spirituous liquors in that city, for which he paid the license fee required by that body; and that in June following, at a meeting of the common council, upon a petition or communication made by the police. officers of the city, a resolution was passed revoking his…
1Opinion of the CourtCole, J.
We are of the opinion that the complaint states no grounds for the equitable interposition of a court by way of an injunction. In the first place the allegations in regard to the threatened action of the police in arresting plaintiff for selling liquor without a license, and in closing up his place of business and destroying it, and about the insolvency of such police officers, are stated upon information and belief. These matters should have been positively stated in the complaint, or otherwise proven, under the rule upon this subject laid down in Dinehart v. The Town of La Fayette, 19 Wis.,…
2Cases cited3 opinions
- Wood v. City of BrooklynNew York Supreme Court · 1852
- Patchin v. Mayor of BrooklynNew York Supreme Court · 1835
- Dinehart v. Town of La FayetteWisconsin Supreme Court · 1865
3Cited by6 opinions
- Ekern v. McGovernWisconsin Supreme Court · 1913
- Martin v. StateNebraska Supreme Court · 1888
- State ex rel. City of Sheboygan v. County Board of SupervisorsWisconsin Supreme Court · 1928
- Torpedo Co. v. Borough of ClarendonU.S. Circuit Court for the District of Western Pennsylvania · 1884
- Ninomiya v. KepoikaiHawaii Supreme Court · 1903
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