Cowles v. City of Neillsville
Wisconsin Supreme Court
Eeeoe to review a judgment of the circuit court for Clark county: James O’Neill, Circuit Judge. Merrill Oowles was convicted in the police, court of the city of Neillsville of a violation of a city ordinance and attempted to appeal therefrom to the circuit court.
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Eeeoe to review a judgment of the circuit court for Clark county: James O’Neill, Circuit Judge. Merrill Oowles was convicted in the police, court of the city of Neillsville of a violation of a city ordinance and attempted to appeal therefrom to the circuit court. The law governing appeals from any judgment of that court imposing a fine, penalty, or imprisonment provides that appeals shall be taken within the same time and in the same manner as appeals from justices’ courts in criminal actions. Sec. 2, ch. 190, Laws of 1889. The notice of appeal was given within the time provided by law, but…
1Opinion of the Court
WiNsnow, O. J.
Tbe defect in tbe notice of appeal, wbicb was beld to be fatal, was that tbe state was named as tbe plaintiff instead of tbe city. Tbe error was noticed by no one at tbe time and misled no one. Tbe justice knew perfectly well to-what judgment tbe notice was in fact directed. He made entry of tbe appeal, accepted tbe recognizance, and made bis return in due course as if tbe notice were perfect, as in fact be supposed it was. Tbe offense charged was tbe sale of intoxicating liquor to a minor, wbicb is an offense against tbe laws of tbe state as well as against tbe ordinances of…
2Cases cited10 opinions
- Patrick v. Town of BaldwinWisconsin Supreme Court · 1901
- Friemark v. RosenkransWisconsin Supreme Court · 1892
- Ladd v. WitteWisconsin Supreme Court · 1902
- Chinnock v. StevensWisconsin Supreme Court · 1868
- Noall v. HalonenWisconsin Supreme Court · 1893
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Price v. HortonSupreme Court of Florida · 1918
- State ex rel. Kassner v. MomsenWisconsin Supreme Court · 1913
- De Laval Separator Co. v. HofbergerWisconsin Supreme Court · 1915
- Kuehn v. Nero & Menominee River Sugar Co.Wisconsin Supreme Court · 1911
- State ex rel. Cooper v. BrazeeWisconsin Supreme Court · 1909
1 more not listed; retrieve them via the Exa API.