Legal Opinion

Stolze v. Milwaukee & Lake Winnebago Railroad

Wisconsin Supreme Court

Decided September 26, 1899PublishedCited by 5 opinions

Appeal from an order of the circuit court for Manitowoc county: Michael Kikwah, Circuit Judge. They argued, among other things, that where condemnation proceedings have been resorted to and the legal remedies thereon exhausted, the landowner may have a remedy by injunction to prevent the use of his land without compensation, or, in other words, to secure him in his constitutional rights, ordinary legal remedies having proven unavailing.

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Appeal from an order of the circuit court for Manitowoc county: Michael Kikwah, Circuit Judge. They argued, among other things, that where condemnation proceedings have been resorted to and the legal remedies thereon exhausted, the landowner may have a remedy by injunction to prevent the use of his land without compensation, or, in other words, to secure him in his constitutional rights, ordinary legal remedies having proven unavailing. Gilman v. 8. <& F. du L. B. Go. 40 Wis. 653; Oherokee Wation v. 8. K. B. Co. 135 U. S. 641; Irish v. B. <& 8. W. B. Co. 44 Iowa, 380; Bicharás v. JD. M. V. B.…

1Opinion of the CourtCassoday, C. J.

This is an appeal from an order overruling a demurrer interposed by the defendants the Milwaukee & Lake Winnebago Railroad Company, and Henry F. Whitcomb and Howard Morris, as receivers of the Visconsin Central Eailroad Company and the Visconsin Central Company, to a complaint alleging, in effect, that prior to July 13, 1895, the plaintiffs were, and. ever since have been, the owners of the lands described, together with all the houses, buildings, and improvements thereon; that the same constituted their homestead; that August 6, 1895, the defendant the Manitowoc Terminal Company instituted…

2Cases cited16 opinions

  1. Pumpelly v. Green Bay Co.Supreme Court of the United States · 1872
  2. McNulta v. LochridgeSupreme Court of the United States · 1891
  3. Texas & Pacific Railway Co. v. JohnsonSupreme Court of the United States · 1894
  4. Pratt v. BrownWisconsin Supreme Court · 1854
  5. Sherman v. Milwaukee, Lake Shore & Western RailroadWisconsin Supreme Court · 1876

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

3Cited by5 opinions

  1. People v. FritchMichigan Supreme Court · 1912
  2. Robinson v. MillsMontana Supreme Court · 1901
  3. Schuster v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1910
  4. Rogers v. Chippewa Circuit JudgeMichigan Supreme Court · 1903
  5. St. Paul Title & Trust Co. v. SabinWisconsin Supreme Court · 1901

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