State ex rel. Conlin v. Mayor of Wausau
Wisconsin Supreme Court
Appeal from a judgment of tbe municipal court of Marathon county: Louis Maechbtti, Judge. This is an action of mandamus to compel tbe mayor and common council of tbe city of Wausau to revoke tbe license of one Ered Brand, a duly licensed saloonkeeper of tbe city, it being alleged that be unlawfully sold intoxicating liquors to a minor.
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Appeal from a judgment of tbe municipal court of Marathon county: Louis Maechbtti, Judge. This is an action of mandamus to compel tbe mayor and common council of tbe city of Wausau to revoke tbe license of one Ered Brand, a duly licensed saloonkeeper of tbe city, it being alleged that be unlawfully sold intoxicating liquors to a minor. Complaint was made to tbe mayor and common council that Brand bad sold intoxicating liquor to a minor without a written order from bis parents or guardian. A bearing was ordered upon tbe petition and Brand was summoned to appear and show cause wby bis license…
1Opinion of the Court
SiebecKee, T.
As appears from tbe foregoing statement of facts, tbe common council found tbat tbe licensee was. not guilty of an unlawful sale of intoxicating liquor because tbe sale was made by an employee while tbe licensee was absent from bis place of business, against bis positive instructions and contrary to bis directions to tbe employee not to sell liquors to persons to wbom sales were forbidden by law. Tbe trial court beld tbat tbe respondent, as licensee, was not guilty of violating tbe law. Tbis conclusion was manifestly based on the assumption tbat tbe licensee was not responsible…
2Cases cited12 opinions
- State v. HartfielWisconsin Supreme Court · 1869
- Carroll v. StateCourt of Appeals of Maryland · 1885
- State v. ConstatineWashington Supreme Court · 1906
- Noecker v. PeopleIllinois Supreme Court · 1878
- State v. KittelleSupreme Court of North Carolina · 1892
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3Cited by15 opinions
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- Smith v. City of WhitewaterWisconsin Supreme Court · 1947
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