Legal Opinion · Dissent

State v. Surma

Wisconsin Supreme Court

Decided March 3, 1953Published

1DissentGehl, J.

The question whether under the provisions of sec. 174.10 (1), Stats., a criminal action may be maintained for the destruction of a dog without a tag was squarely before this court in State v. Garbe, 256 Wis. 86, 39 N. W. (2d) 743. We held that it may not and thus declared the meaning of the word “action” in the. statute. Facts are presented in the instant case which portray a picture of extreme cruelty, a picture much more repulsive and shocking than that exhibited in the Garbe Case, supra. But we did not give to the statute the construction which we did because it appeared that the act of…

2Cases cited12 opinions

  1. Eau Claire National Bank v. BensonWisconsin Supreme Court · 1900
  2. State ex rel. Heiden v. RyanWisconsin Supreme Court · 1898
  3. People v. . ElliottNew York Court of Appeals · 1902
  4. Manley v. MayerSupreme Court of Kansas · 1904
  5. Kootz v. Tax CommissionWisconsin Supreme Court · 1938

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