City of Milwaukee v. Ruplinger
Wisconsin Supreme Court
■ Appeal from a judgment of the municipal court of Milwaukee county: A. 0. Backus, Judge. Prosecution for violating a municipal ordinance regulating the business of junk dealers. The cause was commenced in the district court' by filing of a complaint and issuance of a warrant, as in a civil action for the recovery of a penalty. In due course, the accused was found not guilty by the verdict of a jury.
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■ Appeal from a judgment of the municipal court of Milwaukee county: A. 0. Backus, Judge. Prosecution for violating a municipal ordinance regulating the business of junk dealers. The cause was commenced in the district court' by filing of a complaint and issuance of a warrant, as in a civil action for the recovery of a penalty. In due course, the accused was found not guilty by the verdict of a jury. The city of Milwaukee, still dealing with the matter as a civil action, appealed to the municipal court where, in due course, the action was dismissed because the offense charged, as thought, was…
1Opinion of the CourtMaeshalx, J.
The charter of the city of Milwaukee, at the time of the enactment of the ordinance under which the action was commenced, by sec. 3, subch. IV, ch. 184, Laws of 1874, as amended by ch. 74, L^ws of 1891, provided that the common council of said city stall “have authority — anything in any general law of this state to the contrary notwithstanding — by ordinances, resolutions, by-laws, rules or regulations” “to tax, license, control and regulate ... all keepers or proprietors of . . . junk shops . . . and to fix and regulate the amount of license . . >. and to prescribe the time for which such…
2Cases cited6 opinions
- Ogden v. City of MadisonWisconsin Supreme Court · 1901
- City of Oshkosh v. SchwartzWisconsin Supreme Court · 1882
- State ex rel. City of Milwaukee v. NewmanWisconsin Supreme Court · 1897
- State v. HamleyWisconsin Supreme Court · 1909
- Village of Little Chute v. Van CampWisconsin Supreme Court · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- State Ex Rel. Saveland Park Holding Corp. v. WielandWisconsin Supreme Court · 1955
- Schmidt v. Department of Local Affairs & DevelopmentWisconsin Supreme Court · 1968
- Mehlos v. City of MilwaukeeWisconsin Supreme Court · 1914
- State ex rel. Humble Oil & Refining Co. v. WahnerWisconsin Supreme Court · 1964
- Smith v. City of BrookfieldWisconsin Supreme Court · 1956
25 more not listed; retrieve them via the Exa API.