State v. Grove
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dome County. The case is stated in the opinion. They contended, imter alia, that the history of the legislation in this state upon the subject indicates an intention to restrict the right to enforce a forfeiture by civil action to those cases where the word forfeiture is used in specifying the penalty to be imposed, or where by manifest implication a forfeiture was intended,— as in sec. 1326, E. S., relating to obstructions to highways.
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APPEAL from the Circuit Court for Dome County. The case is stated in the opinion. They contended, imter alia, that the history of the legislation in this state upon the subject indicates an intention to restrict the right to enforce a forfeiture by civil action to those cases where the word forfeiture is used in specifying the penalty to be imposed, or where by manifest implication a forfeiture was intended,— as in sec. 1326, E. S., relating to obstructions to highways. But where the punishment is by fine eo nomine, or where by manifest implication a fine is meant, the proceedings should be…
1Opinion of the Court
Tatloe, <1.
This is a civil action commenced by the state against the respondents to recover the penalty prescribed *450in sec. 3, ch. 248, Laws of 1879. The action was commenced nnder the provisions of sec. 3294, R. S. 1878. This section reads as follows: “ In all cases not otherwise specially provided for by law, where a forfeiture shall be incurred by any person, and the act or omission for which the same is imposed shall not also be a misdemeanor, such forfeiture may be sued for and recovered in a civil action. When such act or omission is punishable by a fine and imprisonment, or by fine or…
2Cases cited8 opinions
- City of Oshkosh v. SchwartzWisconsin Supreme Court · 1882
- State v. LeaverWisconsin Supreme Court · 1885
- President of the Village of Platteville v. BellWisconsin Supreme Court · 1878
- State v. SmithWisconsin Supreme Court · 1881
- City of Boscobel v. BugbeeWisconsin Supreme Court · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Ogden v. City of MadisonWisconsin Supreme Court · 1901
- Waters-Pierce Oil Co. v. StateCourt of Appeals of Texas · 1907
- State v. RoggensackWisconsin Supreme Court · 1962
- Wallace v. WhiteSupreme Judicial Court of Maine · 1916
- State v. HamleyWisconsin Supreme Court · 1909
5 more not listed; retrieve them via the Exa API.