State ex rel. Attorney General v. Portage City Water Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Columbia county: E. G. Siebeokee, Circuit Judge. Action in the name of the attorney general to forfeit a waterworks franchise, so called, granted by the city of Portage, Wisconsin, to individuals, and Subsequently assigned by them to the defendant.
Read the full summary
Appeal from an order of the circuit court for Columbia county: E. G. Siebeokee, Circuit Judge. Action in the name of the attorney general to forfeit a waterworks franchise, so called, granted by the city of Portage, Wisconsin, to individuals, and Subsequently assigned by them to the defendant. The complaint states, in substance,, that the defendant is a foreign corporation; that April 15, 1887, the common council of the city of Portage, a municipal corporation of this state, granted to Moffett, Hodgkins & Clarke, their heirs^and assigns, the right to maintain a system of waterworks in said…
1Opinion of the CourtMaeshall, J.
In the decision of this appeal, the order in. which the case is presented in the briefs of counsel will not be followed. Neither will time and space be taken to review the interesting history of quo warranto proceedings with -which the court is favored. The law as regards the general scope of such proceedings at common law is too well settled to require going back to its origin and tracing it down to the present time in order to make a proper application thereof to the facts alleged in the complaint, under our statutory substitute for the common-law proceeding.
It is conceded that unless the…
2Cases cited10 opinions
- People ex rel. Attorney General v. Utica InsuranceNew York Supreme Court · 1818
- Attorney General v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
- Fadness v. BraunborgWisconsin Supreme Court · 1889
- Stedman v. City of BerlinWisconsin Supreme Court · 1897
- State ex rel. Attorney General v. Madison Street Railway Co.Wisconsin Supreme Court · 1888
5 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Eberhardy v. Circuit Court for Wood CountyWisconsin Supreme Court · 1981
- City of Manitowoc v. Manitowoc & Northern Traction Co.Wisconsin Supreme Court · 1911
- State ex rel. Tewalt v. PollardWisconsin Supreme Court · 1901
- City of La Crosse v. La Crosse Gas & Electric Co.Wisconsin Supreme Court · 1911
- Fordyce v. State ex rel. KelleherWisconsin Supreme Court · 1902
21 more not listed; retrieve them via the Exa API.