O'Mally v. McGinn
Wisconsin Supreme Court
APPEAL from the County Court of Winnebago County. Eeplevin, for cattle. The defense was, that the cattle were taken up by the defendant as chief of police of the city of FTeenah, under an ordinance passed by the common council of that city May 29, 1878. Seo. 1 of this ordinance prohibited the running at large of horses or cattle upon any public street, alley, park or place within the limits of said city.
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APPEAL from the County Court of Winnebago County. Eeplevin, for cattle. The defense was, that the cattle were taken up by the defendant as chief of police of the city of FTeenah, under an ordinance passed by the common council of that city May 29, 1878. Seo. 1 of this ordinance prohibited the running at large of horses or cattle upon any public street, alley, park or place within the limits of said city. Sec. 4 made it the duty of the chief of police, or any of the city police under his authority, to take up any horses or cattle found loose and at large in said city contrary to the provisions…
1Opinion of the CourtCassoday, J.
It is urged that the ordinance in question did not pass the common council by an affirmative vote of all its members. In addition to the general power to make, enact, ordain, establish, publish, and enforce by penalties, ordinances, rules and by-laws' for the government and good order of the city, and to give the same the force of law, the charter of the city expressly authorized the common council, by ordinances, resolutions or by-laws, “ to restrain the running at large of horses, cattle, swine, sheep, poultry and geese, and to authorize the distraining, impounding and sale of the same.”…
2Cases cited8 opinions
- McCormick v. Bay CityMichigan Supreme Court · 1871
- United States v. FillebrownSupreme Court of the United States · 1833
- Denning v. RoomeNew York Supreme Court · 1831
- Langsdale v. BontonIndiana Supreme Court · 1859
- City of Troy v. A. & N. RailroadSupreme Court of Kansas · 1873
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3Cited by12 opinions
- Hempton v. StateWisconsin Supreme Court · 1901
- City of Tucson v. Arizona MortuaryArizona Supreme Court · 1928
- Nehrling v. Herold Co.Wisconsin Supreme Court · 1902
- Watkins v. MooneyCourt of Appeals of Kentucky · 1903
- Moore v. City Council of PerrySupreme Court of Iowa · 1903
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