State ex rel. Attorney General v. Madison Street Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dana County. The case is sufficiently stated in the opinion. They contended, inter alia, that the municipal ordinance and acceptance thereof by the defendant constitute a contract, whereby the city grants to the defendant certain privileges, in consideration of which the defendant agrees to perform the conditions mentioned in the ordinance.
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APPEAL from the Circuit Court for Dana County. The case is sufficiently stated in the opinion. They contended, inter alia, that the municipal ordinance and acceptance thereof by the defendant constitute a contract, whereby the city grants to the defendant certain privileges, in consideration of which the defendant agrees to perform the conditions mentioned in the ordinance. Mayor of Troy v. T. dé L. R. Go. 49 N. T. 657; Waterloo v. Waterloo St. R. Co. 71 Iowa, 193; People v. Chicago W. D. R. Co. 18 Bradw. 125; State ex rel. City of Kansas v. C. C. S. R. Co. 85 Mo. 263, 282; Quincy v. Bull,…
1Opinion of the CourtOrton, J.
This is an action brought by the attorney general in the circuit court, by leave of the court, for the purpose of vacating the charter and annulling the existence of the defendant as a corporation, and for the purpose of having a receiver appointed, and of winding up its affairs. The defendant demurred to the complaint, and the de*616murrer was overruled, and-from said order this appeal is-taken.
The material allegations of the complaint are, in substance, as follows: By an ordinance of the .common council of the city of Madison, authority and permission were given to the defendant to lay and…
2Cases cited7 opinions
- Bank of Augusta v. EarleSupreme Court of the United States · 1839
- The People v. . the Albany and Vermont Railroad CompanyNew York Court of Appeals · 1862
- Schultz v. City of MilwaukeeWisconsin Supreme Court · 1880
- Little v. City of MadisonWisconsin Supreme Court · 1880
- Kittredge v. City of MilwaukeeWisconsin Supreme Court · 1870
2 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- City of Manitowoc v. Manitowoc & Northern Traction Co.Wisconsin Supreme Court · 1911
- State ex rel. Rose v. Superior Court of Milwaukee CountyWisconsin Supreme Court · 1900
- City of Belleville v. Citizens' Horse Railway Co.Illinois Supreme Court · 1894
- State ex rel. Milwaukee Street Railway Co. v. AndersonWisconsin Supreme Court · 1895
- City of Madison v. Southern Wisconsin Railway Co.Wisconsin Supreme Court · 1914
25 more not listed; retrieve them via the Exa API.