Connell v. City of Kaukauna
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Eond du Lac county: Chester A. Eowler, Circuit Judge. Tbe action is one to foreclose a trust mortgage, executed by tbe defendant Kaukauna Gas, Electric Light & Power Company (hereinafter designated tbe Kaukauna Company) and tbe defendant Citizens Savings & Trust Company (hereinafter called tbe Trust Company). Tbe facts in this case are practically undisputed, and are briefly and succinctly stated in tbe findings of tbe circuit…
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Appeal from a judgment of tbe circuit court for Eond du Lac county: Chester A. Eowler, Circuit Judge. Tbe action is one to foreclose a trust mortgage, executed by tbe defendant Kaukauna Gas, Electric Light & Power Company (hereinafter designated tbe Kaukauna Company) and tbe defendant Citizens Savings & Trust Company (hereinafter called tbe Trust Company). Tbe facts in this case are practically undisputed, and are briefly and succinctly stated in tbe findings of tbe circuit court as follows: “1. That tbe Kaukauna Gas, Electric Light & Power Company, on April 10, 1906, being then duly…
1Opinion of the Court
The following opinion was filed November 14, 1916:
RosbNBEeey, J.
The fundamental question in this case is: What is the nature and effect- of the proceedings taken by the city of Kaukauna to acquire the property of the Kau-kauna Company? If the proceeding is purely contractual and is to be governed wholly by the law of contract, one result will follow; if, on the other hand, it is in the nature of a condemnation proceeding, it will be governed by the law of eminent domain and a different result will be reached. The solution of this question involves an examination of the Public Utilities Act,…
2Cases cited27 opinions
- Hodge v. Muscatine CountySupreme Court of the United States · 1905
- Vetterlein v. BarnesSupreme Court of the United States · 1888
- Board of Supervisors v. Mineral Point RailroadWisconsin Supreme Court · 1869
- Baldwin v. MoroneyIndiana Supreme Court · 1910
- Marling v. NommensenWisconsin Supreme Court · 1906
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3Cited by17 opinions
- Maxey v. Redevelopment Authority of RacineWisconsin Supreme Court · 1980
- Waukesha Gas & Electric Co. v. Railroad CommissionWisconsin Supreme Court · 1923
- Wisconsin Power & Light Co. v. Public Service CommissionWisconsin Supreme Court · 1935
- Schroeder v. Arcade Theater Co.Wisconsin Supreme Court · 1921
- Olen v. Waupaca CountyWisconsin Supreme Court · 1941
12 more not listed; retrieve them via the Exa API.