Collins v. State
Wisconsin Supreme Court
ERROR to review a judgment of the circuit court for St. Croix county: George Thompson, Circuit Judge. The plaintiff in error, hereinafter called the defendant, is charged in the information with obstructing a public highway by wilfully and maliciously placing and building a fence within and along the traveled track in violation of sec. 1326, Stats. 1915. The defendant together with -his brother is the owner of the southwest quarter (S. W. of section thirty-six (36), range…
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ERROR to review a judgment of the circuit court for St. Croix county: George Thompson, Circuit Judge. The plaintiff in error, hereinafter called the defendant, is charged in the information with obstructing a public highway by wilfully and maliciously placing and building a fence within and along the traveled track in violation of sec. 1326, Stats. 1915. The defendant together with -his brother is the owner of the southwest quarter (S. W. of section thirty-six (36), range nineteen (19), in the town of Troy in St. Croix county. A highway ran along the north side of this tract of land which had…
1Opinion of the CourtSiebeckee, J.
Sec. 1326, Stats., prior to its amendment by ch. 143, Laws 1909, provided for the punishment of persons for obstructing any highway by imposing a penalty as a forfeiture which was recoverable in a civil action. The amendment changed the nature of the offense from “a forfeiture” to “a misdemeanor” and increased the penalty from a maximum of twenty-five dollars to “a fine of not less than ten nor more than one hundred dollars.” Erom the contents of the amended statute it is clear that the offense is made a crime punishable in a criminal action. The objections that *352tbe state proceeded wrongfully…
2Cases cited2 opinions
- Jennings v. JohonnottWisconsin Supreme Court · 1912
- Jones v. TobinWisconsin Supreme Court · 1908
3Cited by1 opinion
- Anger v. Al. G. Barnes Amusement Co.Wisconsin Supreme Court · 1924