State ex rel. Schwenker v. District Court of Milwaukee County
This text of 240 N.W. 410 (State ex rel. Schwenker v. District Court of Milwaukee County) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The petitioner is charged with a criminal violation of sec. 221.41 of the Wisconsin Statutes.
It is alleged that he, while commissioner of banking of the state of Wisconsin, failed, refused, and wilfully neglected to institute proceedings to secure a dissolution and winding up of the affairs of the Franklin State Bank, a Wisconsin corporation, for the reason that the directors, officers, agents, and employees of said bank continued to violate the provisions of ch. 221 of the Wisconsin Statutes after being warned by the said commissioner to discontinue such conduct.
This action is similar to and controlled by the decision in State ex rel. Schwenker v. District Court of Milwaukee County, decided herewith (ante, p. 600, 240 N. W. 406). Here, as in that case, the criminal complaint, taking into consideration the plea in abatement filed by the defendant, shows conclusively that no offense was committed by the petitioner in Milwaukee county, and hence no offense charged.
By the Court. — Order reversed, and cause remanded with directions to grant the writ.
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240 N.W. 410, 206 Wis. 609, 1932 Wisc. LEXIS 45, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-schwenker-v-district-court-of-milwaukee-county-wis-1932.