City of Ashland v. Wisconsin Central Railway Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Ashland county: Geo. W. Buenell, Judge. This is a-companion case to the case of Ashland v. Whit-comb, ante, p. 99, 89 N. W. 886. Tbe present action is an notion in equity commenced May 29, 1901, to compel tbe removal of certain obstructions from Second Avenue West, a public street in tbe city of Ashland, and to enjoin any further ■obstructions therein.
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Appeal from an order of the circuit court for Ashland county: Geo. W. Buenell, Judge. This is a-companion case to the case of Ashland v. Whit-comb, ante, p. 99, 89 N. W. 886. Tbe present action is an notion in equity commenced May 29, 1901, to compel tbe removal of certain obstructions from Second Avenue West, a public street in tbe city of Ashland, and to enjoin any further ■obstructions therein. Tbe Wisconsin Central Railway Company is a domestic corporation, and is alleged to be tbe successor in interest of tbe Wisconsin Central Railroad Company. Tbe defendant railway company appeared and…
1Opinion of the CourtWirrsx.ow, J.
There is no bill of exceptions in the case. The order striking from the calendar was based upon the files and records in the action, which are certified to be all here. Those files and records simply show that the city brought an action to compel the removal of obstructions from an alleged' street, and that the railroad company answered, alleging, *107among other defenses, that a prior action was pending in the United States court between the plaintiff and the defendants, privies in title, involving the determination of the same controversy ; that when the present action was regularly called for…
2Cases cited1 opinion
- City of Ashland v. WhitcombWisconsin Supreme Court · 1902
3Cited by1 opinion
- Jenewein v. Town of IrvingWisconsin Supreme Court · 1904