State ex rel. Green Bay & Minnesota Railroad v. Jennings
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waupaca County. This is an appeal by the defendants from an order overruling a demurrer to the relation, and a motion to quash an alternative writ of mandamus commanding the defendants to execute and issue to the relator the bonds of the town of Mukwa (of which town they are the chairman of the hoard of supervisors and town clerk respectively) in exchange for the stock of the relator, pursuant to a vote of the electors of said town.
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APPEAL from the Circuit Court for Waupaca County. This is an appeal by the defendants from an order overruling a demurrer to the relation, and a motion to quash an alternative writ of mandamus commanding the defendants to execute and issue to the relator the bonds of the town of Mukwa (of which town they are the chairman of the hoard of supervisors and town clerk respectively) in exchange for the stock of the relator, pursuant to a vote of the electors of said town. The motion to quash the alternative writ is founded exclusively upon alleged defects in the relation, and presents the same…
1Opinion of the CourtLyon, J.
The validity of chapter 93, P. & L. Laws of 1867, under which the proceedings set out in the relation were taken, was adjudicated by this court in Oleson v. The Green Bay *553& Lake Pepin Railway Co., 36 Wis., 383; and in Bound v. The Wisconsin Cent. Railroad Co., 45 Wis., 543, the principle of that adjudication was reaffirmed. Indeed, the learned counsel for the defendants freely concede the validity of the act. Hence, the question to be determined is, Does the relation state facts sufficient to show that the relator is entitled to a writ of mandamus as prayed? A ground of demurrer was assigned…
2Cases cited3 opinions
- Bound v. Wisconsin Central RailroadWisconsin Supreme Court · 1878
- Rooker v. PerkinsWisconsin Supreme Court · 1861
- Oleson v. Green Bay & Lake Pepin Railway Co.Wisconsin Supreme Court · 1874
3Cited by11 opinions
- Ott v. BoringWisconsin Supreme Court · 1907
- Keigley v. Bench, City RecorderUtah Supreme Court · 1939
- State ex rel. Marinette, Tomahawk & Western Railway Co. v. Common Council of TomahawkWisconsin Supreme Court · 1897
- Neu v. VoegeWisconsin Supreme Court · 1897
- Crogster v. Bayfield CountyWisconsin Supreme Court · 1898
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