Sutton v. McConnell
Wisconsin Supreme Court
APPEAL from the Circuit Court for Gohtmbia County. Action for a malicious prosecution. In June, 1877, a peddler in fantastic costume made his appearance in ' a street of the city of Columbus, in a wagon loaded with wares. He managed to collect quite a crowd of people about his wagon, and commenced selling his wares.
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APPEAL from the Circuit Court for Gohtmbia County. Action for a malicious prosecution. In June, 1877, a peddler in fantastic costume made his appearance in ' a street of the city of Columbus, in a wagon loaded with wares. He managed to collect quite a crowd of people about his wagon, and commenced selling his wares. The marshal of the city (the defendant McConnell), who was present, objected to his doing so until he should obtain a license for that purpose, as required by the city' charter and ordinances'. The peddler claimed that he had a state license, and that he could not lawfully be…
1Opinion of the CourtLyon, J.
A discussion of all the alleged errors assigned will not be attempted, for the reason that we find material error in the charge of the learned circuit judge to the jury, which must necessarily work a reversal of the judgment.
It was not claimed by any one on the argument of this appeal, that the language addressed by the plaintiff to the defendant Hanneman was a violation of the ordinance under which the plaintiff was prosecuted. • It was virtually conceded by the learned counsel for the defendants, that it was not, and the jury were so instructed. The ordinance was intended to prevent lewd…
2Cases cited8 opinions
- Dennis v. . RyanNew York Court of Appeals · 1875
- State v. LockwoodWisconsin Supreme Court · 1877
- Cairns v. O'BlenessWisconsin Supreme Court · 1876
- Straus v. YoungCourt of Appeals of Maryland · 1872
- Stanton v. HartMichigan Supreme Court · 1873
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Kennedy v. CrouchCourt of Appeals of Maryland · 1948
- Lueck v. HeislerWisconsin Supreme Court · 1894
- Peterson v. StateNebraska Supreme Court · 1907
- King v. Apple River Power Co.Wisconsin Supreme Court · 1907
- Hahn v. SchmidtCalifornia Supreme Court · 1883
8 more not listed; retrieve them via the Exa API.