Legal Opinion

Linden Land Co. v. Milwaukee Electric Railway & Light Co.

Wisconsin Supreme Court

Decided October 12, 1900PublishedCited by 56 opinions

Appeal from orders of the superior court of Milwaukee ■county: J. C. Ludwig, Judge. On the 2d of January, 1900, the common council of the ■city of Milwaukee passed an ordinance and a resolution in.' identical terms, each, of which purported to grant to the defendant railway company the right to operate street railways upon certain streets in said city, and also purported to renew and extend all the existing railway franchises already owned by the railway company upon other…

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Appeal from orders of the superior court of Milwaukee ■county: J. C. Ludwig, Judge. On the 2d of January, 1900, the common council of the ■city of Milwaukee passed an ordinance and a resolution in.' identical terms, each, of which purported to grant to the defendant railway company the right to operate street railways upon certain streets in said city, and also purported to renew and extend all the existing railway franchises already owned by the railway company upon other streets in said city, and requiring said defendant railway company to^ file a written acceptance of the grants so made…

1Opinion of the CourtWinslow, J.

With the somewhat novel practice followed in this case, by which a new plaintiff owning property on a distant street was allowed to be substituted for the original plaintiff, and the original injunctional order was permitted to remain in force practically without complaint for weeks, while the new plaintiff was preparing his complaint, we are not concerned. Ko questions as to the propriety or regularity of these proceedings is before us, because the present *502appeals are simply appeals from orders refusing to vacate the preliminary injunetional order. Upon appeal from a judgment, intermediate…

2Cases cited19 opinions

  1. Attorney General v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
  2. City Railway Co. v. Citizens' Street RailroadSupreme Court of the United States · 1897
  3. State ex rel. City of Milwaukee v. LudwigWisconsin Supreme Court · 1900
  4. Webster v. Douglas CountyWisconsin Supreme Court · 1899
  5. Pettibone v. HamiltonWisconsin Supreme Court · 1876

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3Cited by56 opinions

  1. Boyd v. Mutual Fire Ass'nWisconsin Supreme Court · 1903
  2. McPhee & McGinnity Co. v. Union Pac. R.Court of Appeals for the Eighth Circuit · 1907
  3. Schlosser v. Allis-Chalmers Corp.Wisconsin Supreme Court · 1974
  4. City of La Crosse v. La Crosse Gas & Electric Co.Wisconsin Supreme Court · 1911
  5. State v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1908

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