Dutton v. Fowler
Wisconsin Supreme Court
APPEAL from the Circuit Court for Kenosha County. The defendant appeals from an order overruling his demurrer to the complaint.
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APPEAL from the Circuit Court for Kenosha County. The defendant appeals from an order overruling his demurrer to the complaint. The nature of the complaint will appear from the opinion. argued that it was not the intention of the people in adopting sec. 2, art. X of the state constitution, to make any innovation upon the operation of the penal laws, or sweep away one of the auxiliaries of the penal code which is as old as the common law; that the expression “ clear proceeds ” indicates that at least some portion of the penalty was to be absorbed before the remainder should be due to the…
1Opinion of the Court
Cole J.
This action is brought under chap. 16, Laws of 1866, to recover the penalty imposed by that act for permitting sheep infected with disease known as “ foot rot ” to be driven along a public road off the premises of the owner, or to go at large out of his enclosure. That law substantially enacts, that if the owner of any sheep thus diseased shall suffer or permit them to be driven along any public road, or to go at large out of his enclosure, such person shall forfeit the sum of ten dollars for each and every such sheep, and for each time any one of such diseased sheep shall be driven or…
2Cases cited1 opinion
- Stone v. LannonWisconsin Supreme Court · 1858
3Cited by8 opinions
- State Ex Rel. Commissioners of Public Lands v. AndersonWisconsin Supreme Court · 1973
- Shore v. EdmistenSupreme Court of North Carolina · 1976
- Atchison, Topeka & Santa Fé Rld. v. State ex rel. SandersSupreme Court of Kansas · 1879
- President of the Village of Platteville v. BellWisconsin Supreme Court · 1878
- Gunn v. Mahaska CountySupreme Court of Iowa · 1912
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