State v. Milwaukee Gas Light Co.
Wisconsin Supreme Court
MOTION to strikeout certain portions.of. defendants’ answer as sbam, false and immaterial. Action in tbe nature of quo warranto, to try tbe defendants’ right to exercise tbe exclusive franebise of manufacturing and furnisbing gas for lighting tbe city of Milwaukee, and laying pipes for that purpose under tbe streets.
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MOTION to strikeout certain portions.of. defendants’ answer as sbam, false and immaterial. Action in tbe nature of quo warranto, to try tbe defendants’ right to exercise tbe exclusive franebise of manufacturing and furnisbing gas for lighting tbe city of Milwaukee, and laying pipes for that purpose under tbe streets. Tbe case, and so much of tbe pleadings as is material, are stated in tbe ooinion of tbe court. contended that the motion may properly he made as to portions of the answer, and the falsity thereof may he shown by reference to other portions, citing People v. McCumber, 18 N. Y.,…
1Opinion of the CourtCole, J.
This is a motion to strike out certain portions of the answer as sham, false and immaterial. The action is brought by the attorney general, under chapter 160, B., S., for the purpose of vacating and annulling the charter of the defendant corporation. It is alleged, in substance, in the complaint, that the defendant, for more than three years last past, has usurped and exercised the exclusive right and franchise of manufacturing and selling inflammable gas for lighting the city of Milwaukee, the streets, houses and places therein, and of making excavations in the streets and highways of the…
2Cases cited1 opinion
- Painter v. PainterOhio Supreme Court · 1849
3Cited by12 opinions
- State ex rel. Bolens v. FrearWisconsin Supreme Court · 1912
- City of Indianapolis v. Indianapolis Gas-Light & Coke Co.Indiana Supreme Court · 1879
- Calumet Service Co. v. City of ChiltonWisconsin Supreme Court · 1912
- Citizens' Gas & Mining Co. v. Town of ElwoodIndiana Supreme Court · 1888
- Columbus Water-Works Co. v. City of ColumbusSupreme Court of Kansas · 1892
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