Legal Opinion

Phillips v. Town of Albany

Wisconsin Supreme Court

Decided June 15, 1871PublishedCited by 31 opinions

APPEAL from tbe Circuit Court for Oreen County. Chapter 299, P. and L. Laws of 1855, incorporates certain persons therein named, and their successors and associates, as the “Sugar Eiver Yalley Eailroad Company;” provides that the affairs of the company shall be managed by a board of nine directors, and that the persons specifically named as corporators shall constitute the board of directors until other directors shall be elected by the stockholders; and provides also for…

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APPEAL from tbe Circuit Court for Oreen County. Chapter 299, P. and L. Laws of 1855, incorporates certain persons therein named, and their successors and associates, as the “Sugar Eiver Yalley Eailroad Company;” provides that the affairs of the company shall be managed by a board of nine directors, and that the persons specifically named as corporators shall constitute the board of directors until other directors shall be elected by the stockholders; and provides also for annual meetings of the stockholders to elect directors and for other purposes, and that until the election in any year…

1Opinion of the CourtDixon, C. J.

We do not think any of the objections or positions taken by the plaintiffs can be sustained.

1. It is not perceived how the plaintiffs can make or maintain the objection that the law or the stock subscriptions under it are invalid because it does not appear that the railroad is to run to or near, or pass through, any of the towns authorized to aid in its construction. As a matter of fact it appears from the complaint of the plaintiffs themselves, that the proposed road is to run through the town where they reside and in which they are tax-payers, viz., the town of Albany, defendant, whose…

2Cases cited1 opinion

  1. Durkee v. City of JanesvilleWisconsin Supreme Court · 1870

3Cited by31 opinions

  1. Columbia County v. Board of Trustees of Wisconsin Retirement FundWisconsin Supreme Court · 1962
  2. Mills v. CharletonWisconsin Supreme Court · 1872
  3. Milwaukee County v. IsenringWisconsin Supreme Court · 1901
  4. Erickson v. Cass CountyNorth Dakota Supreme Court · 1903
  5. City of Brookfield v. Milwaukee Metropolitan Sewerage DistrictWisconsin Supreme Court · 1992

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