City of Ashland v. Whitcomb
Wisconsin Supreme Court
Appeal from an order of the circuit court for Ashland ■county: Geo. W. BubNell, Judge. This is an action in equity commenced July 26, 1897, to •compel the removal of certain obstructions alleged to have been erected and maintained by defendants in Bourth Avenue West, a public street in the city of Ashland, and to restrain •the defendants from interfering with or obstructing said street in the future.
Read the full summary
Appeal from an order of the circuit court for Ashland ■county: Geo. W. BubNell, Judge. This is an action in equity commenced July 26, 1897, to •compel the removal of certain obstructions alleged to have been erected and maintained by defendants in Bourth Avenue West, a public street in the city of Ashland, and to restrain •the defendants from interfering with or obstructing said street in the future. The complaint, after alleging the fact that the plaintiff is a municipal corporation, and the further fact that the Wisconsin Central Railroad Company is a domestic railroad corporation, alleges…
1Opinion of the CourtWiNsnow, J.
The singular fact which strikes the mind upon examination of the record is that there is no proof from beginning to end that the United States corrrt has assumed to take jurisdiction of tire action. When this fact was called to the attention of respondent’s counsel upon the argument, he *102stated that the present case and its companion, Ashland v. Wis. Cent. R. Co., post, p. 104, were taken up together in the trial court, and that the fact of the assumption of jurisdiction by the United States court, as stated in the answer in that action, was admitted as existing, and treated as a matter of…
2Cases cited1 opinion
- Cooper v. Village of WaterlooWisconsin Supreme Court · 1894
3Cited by3 opinions
- Dr. Shoop Family Medicine Co. v. SchowalterWisconsin Supreme Court · 1904
- City of Ashland v. WhitcombWisconsin Supreme Court · 1904
- City of Ashland v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1902