State v. Gust
Wisconsin Supreme Court
APPEAL from the Circuit Court for Saule County. The following statement of the case was prepared by Mr. Justice OassodaY: It appears from the record that September 20, 1886, this action was commenced before E. A. Hull, justice of the peace, to reSover a forfeiture incurred by Augxbst Oust in violating sec. 1418, R. S., by maintaining a slaughter-house within one eighth of a mile of a dwelling-house; that on the return day, September 27, 1886, the venue was changed to the…
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APPEAL from the Circuit Court for Saule County. The following statement of the case was prepared by Mr. Justice OassodaY: It appears from the record that September 20, 1886, this action was commenced before E. A. Hull, justice of the peace, to reSover a forfeiture incurred by Augxbst Oust in violating sec. 1418, R. S., by maintaining a slaughter-house within one eighth of a mile of a dwelling-house; that on the return day, September 27, 1886, the venue was changed to the nearest justice, E. L. Powell, whereupon, on demand of the defendant, the plaintiff was ordered to give security for costs,…
1Opinion of the Court
The following opinion was filed December 13, 1887:
Cassoday, J.
This action is to recover the forfeiture prescribed in sec.-1418, R. S. It is a civil action. Secs. 3294, 3295, R. S.; State v. Smith, 52 Wis. 134; Oshkosh v. Schwartz, 55 Wis. 487-489; Chafin v. Waukesha Co. 62 Wis. 467, 468. Most of the objections raised are untenable, especially as the trial court on the certiorari was confined to such questions as went to the jurisdiction of the justice.
The adjournment was procured by the state, October 25, 1886, on the ground that its principal witness, duly subpoenaed, had been arrested on…
2Cases cited4 opinions
- City of Oshkosh v. SchwartzWisconsin Supreme Court · 1882
- State v. SmithWisconsin Supreme Court · 1881
- Board of Commissioners of Excise of Delaware County v. SackriderNew York Court of Appeals · 1866
- Chafin v. Waukesha CountyWisconsin Supreme Court · 1885
3Cited by3 opinions
- Gallager v. SerflingWisconsin Supreme Court · 1896
- Morrissey v. BlaskyNorth Dakota Supreme Court · 1912
- Benoit v. RevoirNorth Dakota Supreme Court · 1898