Fink v. City of Milwaukee
Wisconsin Supreme Court
ERROR to tbe Municipal Court of tbe City and County of Milwaukee. This suit was brought to reverse a judgment in said court against Fink.
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ERROR to tbe Municipal Court of tbe City and County of Milwaukee. This suit was brought to reverse a judgment in said court against Fink. Tbe case is stated in tbe opinion of tbe court. argued tbat tbe form of pleading used in this cause is tbe one adopted in tbe police courts of all large cities, and tbe authority of tbe legislature to confer tbe power so to plead in municipal courts bad never before been questioned ; tbat this was not strictly a criminal action, and therefore was not governed by the strict .rules of criminal pleading; tbat tbe section charged to have been violated did not…
1Opinion of the Court
By the Court,
Cole, J.
Tbe plaintiff in error was prosecuted by tbe city of Milwaukee for an alleged breach of one of tbe ordinances of tbe city. Tbe complaint stated tbat it was for a violation of tbe third section of an ordinance of tbe city entitled “ Rules and Regulations passed October 22d, 1855.” Tbe complaint was demurred to because it was indefinite and uncertain; did not state facts sufficient to constitute a crime; did not set forth a cause of action; and because tbe facts were not definitely set forth. Tbe demurrer was overruled. Tbe municipal court struck and empannelied a jury of…
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- State v. Brian S. KempainenWisconsin Supreme Court · 2015
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