Legal Opinion

State ex rel. Getchel v. Bradish

Wisconsin Supreme Court

Decided February 2, 1897PublishedCited by 20 opinions

Appeal from a judgment of the circuit court for Winnebago county: Geo. W. Ruenell, Circuit Judge. The case is fully stated in the opinion. argued that the town board acted not in a judicial but in a purely ministerial capacity in the matter of revoking a license, and the prejudice of one member could not invalidate their action. The revocation of a license is not a taking of a property right. State ex rel. Starkweather v. Common Council of Superior, 90 Wis. 612.

1Opinion of the Court

Cassoday, O. J.

It appears from the record that July 17, 1895, the town board of Bushford granted and issued to the relator a license to sell at retail at the village of Eureka, in said town, intoxicating liquors, to be drunk upon the premises; that upon complaint made and trial had before the town board under sec. 1558 eb seq., E. S., the relator was convicted of selling whisky to a minor without the written order of the parent or guardian of said minor, and his license was revoked; that thereupon a writ of eerUorari was obtained from the circuit court to review such proceeding of the town…

2Cases cited17 opinions

  1. Beer Co. v. MassachusettsSupreme Court of the United States · 1878
  2. Metropolitan Board of Excise v. . BarrieNew York Court of Appeals · 1866
  3. Constitutional Prohibitory AmendmentSupreme Court of Kansas · 1881
  4. Fell v. StateCourt of Appeals of Maryland · 1875
  5. Powell v. StateSupreme Court of Alabama · 1881

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3Cited by20 opinions

  1. In Re Murchison.Supreme Court of the United States · 1955
  2. Ekern v. McGovernWisconsin Supreme Court · 1913
  3. State v. WashingtonWisconsin Supreme Court · 1978
  4. State ex rel. Cook v. HouserWisconsin Supreme Court · 1904
  5. In Re Disciplinary Proceedings Against LarsenNew Jersey Superior Court Appellate Division · 1952

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