Legal Opinion

State ex rel. Owen v. Reisen

Wisconsin Supreme Court

Decided March 13, 1917PublishedCited by 1 opinion

Appeai.s from judgments of the circuit court for Dane county: E. Rat Stevews, Circuit Judge. These are actions in equity brought on behalf of the state under the provisions of sec. 3180a.., Stats. 1915, to enjoin the maintenance of certain saloons in the village of Ridgeway because not legally licensed and hence public nuisances under sec. 1563, Stats. 1915. The actions have already been in this court on appeals from judgments of the county court of Iowa county, and it was…

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Appeai.s from judgments of the circuit court for Dane county: E. Rat Stevews, Circuit Judge. These are actions in equity brought on behalf of the state under the provisions of sec. 3180a.., Stats. 1915, to enjoin the maintenance of certain saloons in the village of Ridgeway because not legally licensed and hence public nuisances under sec. 1563, Stats. 1915. The actions have already been in this court on appeals from judgments of the county court of Iowa county, and it was held that such court did not have jurisdiction of them, and the records were remanded with directions to certify them to…

1Opinion of the CourtWiwslow, C. J.

These judgments must be affirmed because (1) the fact that no licenses were granted in the license year 1918-14 prevented the operation of the saving clause in sec. 1565<7, Stats. 1915 (State ex rel. Owen v. Schotten, ante, p. 88, 160 N. W. 1066); (2) the saving clause in sec. 15Q5dd does not apply, because the village board could not and did not fulfil its conditions by granting licenses within thirty days after its passage, the injunction against granting licenses being in operation at the time the act was passed and for more than thirty days thereafter; (3) only one license could be…

2Cases cited2 opinions

  1. State ex rel. Attorney General v. Stoughton ClubWisconsin Supreme Court · 1916
  2. State ex rel. Owen v. SchottenWisconsin Supreme Court · 1917

3Cited by1 opinion

  1. State Ex Rel. Martin v. BarrettWisconsin Supreme Court · 1946

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