State v. Helmann
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Oolum-'bia county: Chester A. Eowler, Circuit Judge. Action prosecuted by tbe district attorney to recover the penalty on a liquor license bond for breach thereof in selling intoxicating drinks to persons who were intoxicated or bordering thereon.
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Appeal from a judgment of the circuit court for Oolum-'bia county: Chester A. Eowler, Circuit Judge. Action prosecuted by tbe district attorney to recover the penalty on a liquor license bond for breach thereof in selling intoxicating drinks to persons who were intoxicated or bordering thereon. The hond was given under sec. 1549, Stats., which requires every person, as a condition of receiving a license to keep a place for the sale of intoxicating liquor, to deliver to "the clerk of the issuing municipality a bond in the sum of -$500 “conditioned that the applicant, during the continuance of…
1Opinion of the CourtMarshall, J.
It is contended, on bebalf of respondents, that the district attorney had no authority to commence or prosecute the action. He had such authority, under sub. (1), sec. 152, Stats., if the state was interested, and we think it was, as will be seen by what follows.
It was the opinion of the trial court that statutes and decisions elsewhere do not materially aid in determining whether an unsatisfied judgment of some sort, collectible cut of a liquor license bond, must exist as a condition precedent to an action thereon and with that we may well agree. It is well illustrated by the decisions cited…
2Cases cited11 opinions
- Clark v. BarnardSupreme Court of the United States · 1883
- Koepp v. National Enameling & Stamping Co.Wisconsin Supreme Court · 1912
- State v. CorronSupreme Court of New Hampshire · 1905
- City of Paducah v. JonesCourt of Appeals of Kentucky · 1907
- Cullinan v. BurkardAppellate Division of the Supreme Court of the State of New York · 1904
6 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Boynton Cab Co. v. NeubeckWisconsin Supreme Court · 1941
- State v. HackbarthWisconsin Supreme Court · 1938
- Thomas v. KindWisconsin Supreme Court · 1936
- (1971), Wisconsin Attorney General Reports1971