Kenosha, Rockford & Rock Island Railroad v. Marsh
Wisconsin Supreme Court
APPEAL from the Circuit Court for Kenosha County. The case is stated in the opinion of the court so far as is necessary for an understanding of the only point decided. The circuit court, on motion of the defendant, non suited the plaintiff. to the point that the defendant was not released from his subscription by the change of route or consolidation of companies without his assent, cited Pierce on Am.
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APPEAL from the Circuit Court for Kenosha County. The case is stated in the opinion of the court so far as is necessary for an understanding of the only point decided. The circuit court, on motion of the defendant, non suited the plaintiff. to the point that the defendant was not released from his subscription by the change of route or consolidation of companies without his assent, cited Pierce on Am. B. B. Law, 78-90, and notes; id., 94-98 ; Buffalo & N. Y. aty B. B. Co., vs. Dudley, 14 N. Y. B., 348, 354-5; & & S. Planh Boad Co. -vs. Thatcher,, 1 Kern., 102 ; 17 Barb., 581; 21 id., 454.…
1Opinion of the Court
*14 By the Court,
Paine, J.
This action was brought upon a subscription to the capital stock of a railroad company chartered to build a road from the city of Kenosha to Beloit. Chap. 60, Pr. Laws of 1858. Afterwards, by chap. 22, Pr. Laws of 1857, the legislature changed the enterprise from that of building a road to Beloit, to one of building a road to the state line between this state and Illinois, at or near Genoa, in Walworth county. This change was obtained by the company, which acted under it, and, under still another law, consolidated with an Illinois company, which was authorized to build…
2Cases cited5 opinions
- In the Matter of Oliver Lee Co's BankNew York Court of Appeals · 1860
- Banet v. Alton & Sangamon RailroadIllinois Supreme Court · 1851
- McCray v. Junction RailroadIndiana Supreme Court · 1856
- The Poughkeepsie and Salt Point Plankroad Co. v. . GriffinNew York Court of Appeals · 1861
- Champion v. Memphis and Charleston RailroadMississippi Supreme Court · 1858
3Cited by16 opinions
- Attorney General v. West Wisconsin Railway Co.Wisconsin Supreme Court · 1874
- Mower v. StaplesSupreme Court of Minnesota · 1884
- St. John v. Iowa Business Men's Building & Loan Ass'nSupreme Court of Iowa · 1907
- Lynch v. Eastern, La Fayette & Mississippi Railway Co.Wisconsin Supreme Court · 1883
- Superior Water, Light & Power Co. v. City of SuperiorWisconsin Supreme Court · 1921
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