Ives v. Supervisors of Jefferson County
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. The chairman of the board of supervisors of the town of Oakland in said county brought two actions before a justice of the peace of said town, in the name of the state of Wisconsin, against Ives and one Goodrich respectively, to recover from them the penalty prescribed by sec. 7, chap. 175, Laws of 1860, for keeping dogs not registered, numbered, described and licensed according to the provisions of that act.
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APPEAL from the Circuit Court for Jefferson County. The chairman of the board of supervisors of the town of Oakland in said county brought two actions before a justice of the peace of said town, in the name of the state of Wisconsin, against Ives and one Goodrich respectively, to recover from them the penalty prescribed by sec. 7, chap. 175, Laws of 1860, for keeping dogs not registered, numbered, described and licensed according to the provisions of that act. Judgments were taken by default against both the defendants in those actions ; and upon their appealing to the circuit court, the…
1Opinion of the Court
By the Court,
Cole, J.
As we understand the position of respondent’s counsel, the only ground for claiming that the county is liable for the costs is, that section 77, chap. 133, R. S., imposes that liability. That section provides that when any prosecution instituted in the name of this state, for breaking any law of this state, shall fail, or where the defendant shall prove insolvent, or escape or be unable to pay the fees when convicted, the fees shall be paid out of the county treasury, unless otherwise ordered by the court. This provision obviously relates to purely criminal cases, and not…
2Cases cited1 opinion
- State v. IvesWisconsin Supreme Court · 1862
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