President of the Village of Platteville v. Bell
Wisconsin Supreme Court
APPEAL from the Circuit Court for Grant Countjn The action was commenced before a justice of the peace to recover a fine for the alleged violation by the defendant of a village ordinance.
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APPEAL from the Circuit Court for Grant Countjn The action was commenced before a justice of the peace to recover a fine for the alleged violation by the defendant of a village ordinance. The complaint alleges as follows: “ That the said defendant Christopher Bell, on the 18th day of August, 1876, at and within the village of Platteville, in said Grant county, being then and there the keeper and owner of a saloon, or a place where spirituous, intoxicating, malt, fermented or mixed liquors or drinks are kept for sale within the corporate limits of said village, did fail and neglect to close…
1Opinion of the Court
Lyon. J.
1. The alleged failure and neglect of the defend*491ant to close bis saloon at tbe hour prescribed by the ordinance is not a misdemeanor, and this action, brought to recover the fine or penalty imposed for a violation of the ordinance, is there:fore a civil action. B. S., ch. 155, sec. 1. In Boscobel v. Bugbee, 41 "Wis., 59, the alleged violation of the ordinance was a misdemeanor. The charge was “ for fighting and threatening to fight ” in violation of an ordinance for the protection of the public peace. It was substantially for committing an affray, which is a misdemeanor. Hence it was…
2Cases cited2 opinions
- State v. HaydenWisconsin Supreme Court · 1873
- Dutton v. FowlerWisconsin Supreme Court · 1871
3Cited by14 opinions
- State v. LeeSupreme Court of Minnesota · 1882
- Ogden v. City of MadisonWisconsin Supreme Court · 1901
- City of Greeley v. HammanSupreme Court of Colorado · 1888
- City of Oshkosh v. SchwartzWisconsin Supreme Court · 1882
- State ex rel. City of Milwaukee v. NewmanWisconsin Supreme Court · 1897
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