Legal Opinion

State v. Bielby

Wisconsin Supreme Court

Decided June 15, 1866PublishedCited by 12 opinions

BEPOBTED from the Circuit Court for Walworth County. This was an action before a justice of the peace, under secs. 5-7, ch. 35, B. S., for vending, &c., liquors without license. The record is no longer on file in this court, nor any statement of its substance. The form of the complaint is stated in the opinion.

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BEPOBTED from the Circuit Court for Walworth County. This was an action before a justice of the peace, under secs. 5-7, ch. 35, B. S., for vending, &c., liquors without license. The record is no longer on file in this court, nor any statement of its substance. The form of the complaint is stated in the opinion. It appears that a demurrer thereto for duplicity, was overruled; that the cause was taken by appeal to the circuit court; and that after conviction of the defendant there, it was reported to this court under sec. 8, ch. 180, E. S. argued that the provisions of sec. 7, ch. 85, E. S.,…

1Opinion of the CourtDixon, C. J.

Section 5 of the [excise law (R. S., ch. 35) declares that if any person shall vend, sell, or in any way deal or traffic in, or, for the purpose of evading this chapter, give, away, any spirituous, ardent, or intoxicating liquors or drinks in any quantity whatsoever, without first having obtained license therefor according to the provisions of this chapter, he shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by fine or imprisonment as therein provided. Section 6 provides that justices of the peace shall have power to hold a court to hear, try and determine…

2Cases cited3 opinions

  1. Byrne v. StateWisconsin Supreme Court · 1860
  2. State v. MungerSupreme Court of Vermont · 1843
  3. State v. DaleWisconsin Supreme Court · 1854

3Cited by12 opinions

  1. Clifford v. StateWisconsin Supreme Court · 1871
  2. Murphy v. StateWisconsin Supreme Court · 1905
  3. Bradley v. StateSupreme Court of Florida · 1884
  4. State v. BlumensteinWisconsin Supreme Court · 1925
  5. State v. KerrNorth Dakota Supreme Court · 1894

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