State ex rel. Schaefer v. Schroff
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Eacine county: E. 33. Belden, Circuit Judge. The relator obtained an ostensible license in July, 1903, to sell liquor in a part of the city of Eacine, -where an existing ordinance required the consent of certain neighbors as a condition precedent.
Read the full summary
Appeal from a judgment of the circuit court for Eacine county: E. 33. Belden, Circuit Judge. The relator obtained an ostensible license in July, 1903, to sell liquor in a part of the city of Eacine, -where an existing ordinance required the consent of certain neighbors as a condition precedent. In October it was represented to the council that such consents had been obtained by fraud and misrepresentation, and reversal of their action in granting the license was prayed; whereupon the council caused notice to be given to the relator to appear and show cause why his license should not be…
1Opinion of the CourtDodge, J.
We deem it entirely plain, upon inspection either of tbe return or petition, that tbe council was in nowise attempting to exercise tbe jurisdiction conferred upon it by sec. 1558, Stats. 1898, to revoke a license, valid at its inception, but which, by reason of .subsequent misconduct, tbe common council is authorized to recall. Tbe petition of neighbors, tbe notice to Mr. Schaefer, tbe facts investigated, and tbe final resolution mark an inquiry and attempt to decide-upon tbe question whether tbe license was valid originally, or void by reason of fraud perpetrated upon tbe council in…
2Cases cited3 opinions
- State ex rel. Schintgen v. Mayor of La CrosseWisconsin Supreme Court · 1898
- Knapp v. HellerWisconsin Supreme Court · 1873
- State ex rel. Anderson v. TimmeWisconsin Supreme Court · 1888
3Cited by4 opinions
- State ex rel. Milwaukee Medical College v. ChittendenWisconsin Supreme Court · 1906
- Lakeshore Development Corp. v. Plan CommissionWisconsin Supreme Court · 1961
- Cortés Nieves v. RiveraSupreme Court of Puerto Rico · 1930
- Cortés Nieves v. RiveraSupreme Court of Puerto Rico · 1930