City of Menasha v. Milwaukee & Northern Railroad
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. The case is thus stated by Mr. Justice Tayloe: “This is an appeal from an injunctional order restraining the appellant, ‘ The Milwaukee de Northern Railroad Com-panyf from constructing a railroad from the city of Menasha, through the city of Neenah, so as to connect, the appellant’s railroad terminating in Menasha with the Wisconsin Central Railroad.
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APPEAL from the Circuit Court for Winnebago County. The case is thus stated by Mr. Justice Tayloe: “This is an appeal from an injunctional order restraining the appellant, ‘ The Milwaukee de Northern Railroad Com-panyf from constructing a railroad from the city of Menasha, through the city of Neenah, so as to connect, the appellant’s railroad terminating in Menasha with the Wisconsin Central Railroad. The grounds alleged for restraining the appellant are, that the Milwaukee & Northern Railway Company entered into an agreement with the village, now city, of Me-nasha that, in consideration of…
1Opinion of the CourtTaylor, J.
We think the injunction was improvidently issued, and should .be dissolved. All collusion and fraud charged in the complaint being denied by the answer of the appellant, the plaintiffs’ right is uncertain and doubtful; and in such case a court of equity ought not to interfere, but leave the party to his legal remedies. We think it is well settled by the decisions of this court, that if the appellant company was in good faith organized for the purposes set out in its answer, the fact that it purchased at foreclosure -sale the property and franchises of the Milwaukee & Northern Railway Company…
2Cases cited1 opinion
- Wright v. Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1869
3Cited by7 opinions
- International & G. N. Ry. Co. v. Anderson CountyCourt of Appeals of Texas · 1912
- Cox v. Baltimore & Ohio Southwestern RailroadIndiana Supreme Court · 1913
- National Foundry & Pipe Works, Ltd. v. Oconto City Water Supply Co.Wisconsin Supreme Court · 1899
- Pennison v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1896
- Town of Menasha v. Wisconsin Central RailroadWisconsin Supreme Court · 1886
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