KAHN v. McCORMACK

No. 80-051.

99 Wis.2d 382 (1980)

299 N.W.2d 279

Gerald A. KAHN, Robert I. Hodgson, and Meiroff-Kahn Bonding & Insurance, Inc., a Wisconsin corporation, Plaintiffs-Appellants, v. Francis X. McCORMACK, Clerk of the Circuit Court for Milwaukee County, Harold A. Breier, Chief of Police for the City of Milwaukee, and Michael S. Wolke, Sheriff of Milwaukee County, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided October 14, 1980.


Attorney(s) appearing for the Case

For the appellant, the cause was submitted on the briefs of Nathaniel D. Rothstein, of Milwaukee, and oral argument by Mr. Rothstein.

For the respondent, the cause was submitted on the brief of Bronson C. La Follette, attorney general, with whom on the brief was Howard B. Klein, assistant attorney general, and oral argument by Margie Moeller, assistant attorney general.

Before Decker, C.J., Moser, P.J., and Cannon, J.


DECKER, C.J.

Plaintiffs challenge the validity of sec. 969.12(1) and (2), Stats., as amended by sec. 1121m, ch. 34, Laws of 1979, which eliminates corporate sureties and sureties for profit for criminal bail bonds. The trial court held that the legislative act was a proper exercise of the state's police power, violative of neither the fourteenth amendment of the United States Constitution nor article I, section 1 of the Wisconsin Constitution, and vacated a temporary...

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