Legal Opinion

State ex rel. Abbot v. McFetridge

Wisconsin Supreme Court

Decided October 13, 1885PublishedCited by 18 opinions

MANDAMUS. Prior to 1879 tbe Wisconsin Central Eailroacl Company, a corporation of this state, issued certain bonds, and, as security tberefor, executed its certain mortgage or trust deed to tbe relators as trustees for tbe holders of sucb bonds.

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MANDAMUS. Prior to 1879 tbe Wisconsin Central Eailroacl Company, a corporation of this state, issued certain bonds, and, as security tberefor, executed its certain mortgage or trust deed to tbe relators as trustees for tbe holders of sucb bonds. Tbe railroad company having failed to pay tbe interest due on tbe bonds, tbe relators, in January, 1879, pursuant to tbe trusts of said deed, and in due execution of tbe powers therein conferred upon them, took possession of tbe railroad of said company, and all other property covered by sucb trust deed, and have held the same and operated such…

1Opinion of the Court

The following opinion was filed June 24, 1885:

LyoN, J.

I. It must first be determined whether the roads operated by the relators in 1883, when they applied to the state treasurer (the respondent) for a license for that year, were within the first or second class of sec. 1213, R. S. The solution of this question depends upon the construction which shall be given to the two next preceding sections. It is maintained, on behalf of the respondent, that the earnings of the roads then operated by the relators, which they had operated but a small fraction of the year 1882, should not be taken as the…

2Cases cited4 opinions

  1. Knowlton v. Board of SupervisorsWisconsin Supreme Court · 1859
  2. Milwaukee & St. Paul Railway Co. v. City of MilwaukeeWisconsin Supreme Court · 1874
  3. Milwaukee & St. Paul Railway Co. v. Board of SupervisorsWisconsin Supreme Court · 1871
  4. State ex rel. Chicago, Milwaukee & St. Paul Railway Co. v. McFetridgeWisconsin Supreme Court · 1882

3Cited by18 opinions

  1. State ex rel. Attorney General v. CunningamWisconsin Supreme Court · 1892
  2. State ex rel. Bolens v. FrearWisconsin Supreme Court · 1912
  3. State v. Illinois Central RailroadIllinois Supreme Court · 1910
  4. State ex rel. Cook v. HouserWisconsin Supreme Court · 1904
  5. Merrill Railway & Lighting Co. v. City of MerrillWisconsin Supreme Court · 1903

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