Neuman v. State
Wisconsin Supreme Court
ERROR to the Circuit Court for Grant County. The following statement of the case was prepared by Mr. Justice Cassoday: It appears in the record, and is undisputed, that May 9, 1888, the plaintiff in error, Franlc Neuman, obtained a license from the village board of Bloomington to keep a saloon therein for the sale, in'quantities of less than one gallon, of intoxicating liquors to be drank on the premises, to remain in force until the first'Tuesday in May, 1889. July 9,1888,…
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ERROR to the Circuit Court for Grant County. The following statement of the case was prepared by Mr. Justice Cassoday: It appears in the record, and is undisputed, that May 9, 1888, the plaintiff in error, Franlc Neuman, obtained a license from the village board of Bloomington to keep a saloon therein for the sale, in'quantities of less than one gallon, of intoxicating liquors to be drank on the premises, to remain in force until the first'Tuesday in May, 1889. July 9,1888, upon a complaint made in writing under oath by a resident of said village, proceedings were instituted under secs. 1558,…
1Opinion of the CourtCassoday, J.
It is claimed that the complaint, the substance of which is set forth in the foregoing statement, is insufficient in not alleging that, at the several times of selling such liquors, Neuman had no “ permit ” to sell, as well as alleging that he had no “license” therefor. This contention is based upon the theory that the burden of alleging and proving, at least by presumptive evidence, that such sales were without any “license” or “permit” therefor, was upon the prosecution, under the repeated decisions *116of this court. Meham, v. State, 7 Wis. 670; Hepler v. State, 58 Wis. 46. There is not much…
2Cases cited13 opinions
- Hyslop v. FinchIllinois Supreme Court · 1881
- Patchin v. Mayor of BrooklynNew York Supreme Court · 1835
- State ex rel. Wood County v. Dodge CountyWisconsin Supreme Court · 1882
- Newton v. LearyWisconsin Supreme Court · 1885
- Smith v. BahrWisconsin Supreme Court · 1885
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3Cited by6 opinions
- State ex rel. City of Sheboygan v. County Board of SupervisorsWisconsin Supreme Court · 1928
- Wisconsin Telephone Co. v. City of MilwaukeeWisconsin Supreme Court · 1905
- Smith v. SchreinerWisconsin Supreme Court · 1893
- In re GrantUtah Supreme Court · 1914
- State ex rel. Chicago & Northwestern Railway Co. v. BurnellWisconsin Supreme Court · 1899
1 more not listed; retrieve them via the Exa API.