Legal Opinion

Koch v. State

Wisconsin Supreme Court

Decided May 21, 1914PublishedCited by 2 opinions

EkROR, to review a judgment of tbe circuit court for Eorest county: W. B. QuiNLAN, Circuit Judge. Tbe plaintiff in error was convicted of selling intoxicating liquors without a valid license, and brings bis writ of error to reverse tbe judgment. Tbe facts were not in dispute. Tbe premises on wbicb tbe plaintiff in error was conducting a saloon business at tbe time of tbe alleged illegal sale, viz.

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EkROR, to review a judgment of tbe circuit court for Eorest county: W. B. QuiNLAN, Circuit Judge. Tbe plaintiff in error was convicted of selling intoxicating liquors without a valid license, and brings bis writ of error to reverse tbe judgment. Tbe facts were not in dispute. Tbe premises on wbicb tbe plaintiff in error was conducting a saloon business at tbe time of tbe alleged illegal sale, viz. September 8, 1913, are situated in tbe town of Wabeno, Eor-est county, and were used for saloon purposes by one Krueger under a valid license June 30, 1907. Tbey ceased to be so used on tbe…

1Opinion of the CourtWiNslow, C. J.

The ratio limit fixed by sec. 1565d, ■Stats., having been exceeded before the license in question was granted, that license must be void unless the case comes within the exceptions named in the section.

Following the previous decisions of this court upon said section, viz. State ex rel. Marvin v. Larson, 153 Wis. 488, 140 N. W. 285, and Zodrow v. State, 154 Wis. 551, 143 N. W. 693, it must be held that the present case does not come within those exceptions. The purpose of the exceptions was, notwithstanding the ratio limit may have been passed, (1) to make it possible for the use of the…

2Cases cited2 opinions

  1. Zodrow v. StateWisconsin Supreme Court · 1913
  2. State ex rel. Marvin v. LarsonWisconsin Supreme Court · 1913

3Cited by2 opinions

  1. State ex rel. Rich v. SteinerWisconsin Supreme Court · 1915
  2. State ex rel. Owen v. SchottenWisconsin Supreme Court · 1917

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