Custin v. City of Viroqua
Wisconsin Supreme Court
APPE AL from the Circuit Court for Vernon County. The following statement of the case was prepared by Mr. Justice Taylok as a part of the opinion: This action is brought to recover of the respondent city $800 which it is alleged was illegally and unlawfully received by the former village of Yiroqua for granting a license to the said appellant to sell intoxicating liquors in said village.
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APPE AL from the Circuit Court for Vernon County. The following statement of the case was prepared by Mr. Justice Taylok as a part of the opinion: This action is brought to recover of the respondent city $800 which it is alleged was illegally and unlawfully received by the former village of Yiroqua for granting a license to the said appellant to sell intoxicating liquors in said village. The complaint sets out facts showing that the present city is legally liable for all debts and demands against the former village, and then proceeds to set forth his claim against the village as follows: “…
1Opinion of the CourtTaylob, J.
The learned counsel for the appellant claims that the demurrer should have been overruled for the reason that, at the time he paid the $500 to the village of Yiroqua for a license to séll intoxicating liquors in said village, the village had no authority to demand or receive from him a greater sum than $200 for such license; that the resolution of said board fixing the sum of $500 as the price of such license was illegal and void, and that consequently the exaction of the sum of $500 was unlawful, wrongful, and illegal; and that the excess over $200 paid by him was unlawfully and illegally…
2Cases cited12 opinions
- Brumagim v. TillinghastCalifornia Supreme Court · 1861
- Town Council of Cahaba v. BurnettSupreme Court of Alabama · 1859
- Mayor of Baltimore v. LeffermanCourt of Appeals of Maryland · 1846
- Elston v. City of ChicagoIllinois Supreme Court · 1866
- City of Detroit v. MartinMichigan Supreme Court · 1876
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3Cited by20 opinions
- State ex rel. McGrael v. PhelpsWisconsin Supreme Court · 1910
- Joannin v. OgilvieSupreme Court of Minnesota · 1892
- Monroe Water Works Co. v. City of MonroeWisconsin Supreme Court · 1901
- State Ex Rel. Gutbrod v. WolkeWisconsin Supreme Court · 1971
- Neacy v. Board of SupervisorsWisconsin Supreme Court · 1910
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