State v. Friedrich & Loots Co.
This text of 59 N.W.2d 803 (State v. Friedrich & Loots Co.) 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 case is ruled by State v. Stang Tank Line, supra. Remission of all or part of a statutory penalty is bfeyond the trial court’s discretion where no such power has been given it by the legislature. It is immaterial whether the court “remits” or “suspends” the penalty; the sentence is not authorized by law and is void.
By the Court. — Judgment reversed, and cause remanded with instructions to the trial court to enter judgment in favor of plaintiff and against defendant for the penalty provided by sec. 85.91 (2b) (b), Stats., conformably to this opinion and for further proceedings according to law.
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Cite This Page — Counsel Stack
59 N.W.2d 803, 264 Wis. 577, 1953 Wisc. LEXIS 554, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-friedrich-loots-co-wis-1953.