Legal Opinion

Attorney General v. West Wisconsin Railway Co.

Wisconsin Supreme Court

Decided June 15, 1874PublishedCited by 20 opinions

Action in the nature of quo warranto, commenced in this •court in August, 1873, by the attorney general, on leave granted by -the court, to have a forfeiture of defendant’s charter adjudged, and the corporation dissolved. A decision of the court upon a demurrer to the complaint will be found reported in 34 Wis., 197-217; and reference is made to that report for a somewhat full statement of the complaint.

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Action in the nature of quo warranto, commenced in this •court in August, 1873, by the attorney general, on leave granted by -the court, to have a forfeiture of defendant’s charter adjudged, and the corporation dissolved. A decision of the court upon a demurrer to the complaint will be found reported in 34 Wis., 197-217; and reference is made to that report for a somewhat full statement of the complaint. After its demurrer was overruled, defendant filed an answer, which, in addition to a general denial, alleged in substance the following facts: By ch. 516, P. & L. Laws of 1870, the…

1Opinion of the CourtRyan, C. J.

I. It was understood on the argument of the demurrer, that, prior to 1863, the La Crosse & Milwaukee Railroad Company had located and built, as part of the land-grant road under ch. 122, Laws of 1856, the road from Portage 'City to Tomah, and had located the line of the land-grant road northward from Tomah to Lake St. Croix, but had failed to 'build any part of the land-grant road beyond Tomah; and had built its road westward from Tomah to La.Crosse, outside of the land-grant route and wholly distinct from it.

*485Thereupon the legislature, by ch. 248, of 1863, repealed so much of the franchise…

2Cases cited10 opinions

  1. The People v. . the Albany and Vermont Railroad CompanyNew York Court of Appeals · 1862
  2. People ex rel. Bishop v. Kingston & Middletown Turnpike Road Co.New York Supreme Court · 1840
  3. Jackson, ex dem. Reeves v. ToppingNew York Supreme Court · 1828
  4. Winterfield v. StaussWisconsin Supreme Court · 1869
  5. Kenosha, Rockford & Rock Island Railroad v. MarshWisconsin Supreme Court · 1863

5 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. State ex rel. Attorney General v. CunningamWisconsin Supreme Court · 1892
  2. State ex rel. Bolens v. FrearWisconsin Supreme Court · 1912
  3. State ex rel. McGrael v. PhelpsWisconsin Supreme Court · 1910
  4. State ex rel. Cook v. HouserWisconsin Supreme Court · 1904
  5. Pfingsten v. PfingstenWisconsin Supreme Court · 1916

15 more not listed; retrieve them via the Exa API.

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