Aron v. City of Wausau
Wisconsin Supreme Court
Appeal from an order of the circuit court for Marathon county: O. B. Wyman, Judge. They contended, inter alia, that the common purpose of the crowd was to do acts which were in violation of law and in disturbance of the public peace by exciting fear, alarm, and consternation among the people. Such common purpose is unmistakably implied by the conduct of the crowd, and the riot consisted in actually carrying out that purpose.
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Appeal from an order of the circuit court for Marathon county: O. B. Wyman, Judge. They contended, inter alia, that the common purpose of the crowd was to do acts which were in violation of law and in disturbance of the public peace by exciting fear, alarm, and consternation among the people. Such common purpose is unmistakably implied by the conduct of the crowd, and the riot consisted in actually carrying out that purpose. It is not claimed that the common purpose was to assault or injure the plaintiff particularly, but the common purpose was to do the acts which resulted in the injuries to…
1Opinion of the CourtCassoday, C. J.
This is an appeal from an order sustaining a demurrer to the complaint upon the ground of insufficiency. Of course, the demurrer admits the issuable facts alleged in the complaint, but does not admit mere conclusions of law from the facts so alleged. Pratt v. Lincoln Co. 61 Wis. 62; Williams v. Williams, 63 Wis. 72; Stone v. Oconomowoc, 71 Wis. 155, 159; Brown v. Phillips, 71 Wis. 239; Palmer v. Hawes, 73 Wis. 50; Meggett v. Eau Claire, 81 Wis. 329; Peake v. Buell, 90 Wis. 508.
The issuable facts so alleged and admitted are to the effect that July 4, 1896, between 6 and 7 o’clock in the…
2Cases cited6 opinions
- Williams v. WilliamsWisconsin Supreme Court · 1885
- Stone v. City of OconomowocWisconsin Supreme Court · 1888
- Brown v. PhillipsWisconsin Supreme Court · 1888
- Peake v. BuellWisconsin Supreme Court · 1895
- Pratt v. Lincoln CountyWisconsin Supreme Court · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- United States v. BridgemanCourt of Appeals for the D.C. Circuit · 1975
- Spring Garden Ins. v. Imperial Tobacco Co.Court of Appeals of Kentucky · 1909
- Salem Mfg. Co. v. First American Fire Ins.Court of Appeals for the Ninth Circuit · 1940
- Abernathy v. StateAlabama Court of Appeals · 1962
- Kretchmar v. City of AtchisonSupreme Court of Kansas · 1931
7 more not listed; retrieve them via the Exa API.