City of Ashland v. Whitcomb
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Ashland, -county: A. J. ViNJE, Judge. This is an equitable action commenced by the appellant, -the city of Ashland, to compel respondents to remove obstructions from a street of the city, and to restrain them from continuing the obstructions. This ease, as well as the companion case, Ashland v. Wis. Gent.
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Appeal from a judgment of the circuit court for Ashland, -county: A. J. ViNJE, Judge. This is an equitable action commenced by the appellant, -the city of Ashland, to compel respondents to remove obstructions from a street of the city, and to restrain them from continuing the obstructions. This ease, as well as the companion case, Ashland v. Wis. Gent. B. Go. 98 N. W. 532, which are submitted and argued together on this appeal,, were before this court on an appeal from orders like the ones-from which these appeals are taken, and are reported, with a full statement of facts, which need not be…
1Opinion of the CourtSiebeckee, J.
The questions raised upon this appeal were presented to this court on a former appeal, April 1, 1902. 114 Wis. 99, 89 N. W. 886. The jurisdictional question involved was not determined, because not properly before the court, upon the record as it then stood. It was therein decided that the order striking a case from the calendar upon the ground that it appeared that the action is pending before a federal court, and that the state court has no jurisdiction, is a determination that the trial of the case cannot be prosecuted to judgment in the state court. The order was held appealable, because…
2Cases cited3 opinions
- State ex rel. Attorney General v. FrostWisconsin Supreme Court · 1902
- City of Ashland v. WhitcombWisconsin Supreme Court · 1902
- Northern Pacific Railroad v. McMullenWisconsin Supreme Court · 1893
3Cited by2 opinions
- Metropolitan Casualty Insurance v. StevensSupreme Court of the United States · 1941
- City of Ashland v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1904