State ex rel. Morgan v. City of Portage
Wisconsin Supreme Court
Action of mandamus commenced in this court by leave granted. The issues are presented to the court upon the petition, the alternative writ, and a motion to quash the alternative writ. The action was brought to compel the city of Portage to comply with an order of the railroad commission directing the making of improvements in its waterworks system.
Read the full summary
Action of mandamus commenced in this court by leave granted. The issues are presented to the court upon the petition, the alternative writ, and a motion to quash the alternative writ. The action was brought to compel the city of Portage to comply with an order of the railroad commission directing the making of improvements in its waterworks system. The railroad commission issued to the city a certificate permitting it to issue mortgage certificates to pay for. the improvements under the provisions of sec. 927 — 19 b, Stats. It is conceded that the city was at the time of the making of the…
1Opinion of the CourtSiebecker, C. J.
It is undisputed that if the mortgage certificate the railroad commission authorized the city of Portage to issue for the purpose of securing funds for the improvement of its waterworks as directed by the commission is added to the city’s existing indebtedness, then the city’s indebtedness will exceed the five per cent, limitation prescribed by sec. 3, art. XI, of the constitution.
It is the conterition of the state that the city can comply with the order of the railroad commission in making the directed improvement of its waterworks by availing itself of the provisions of sec. 927 — 16 or 927…
2Cases cited4 opinions
- Burnham v. City of MilwaukeeWisconsin Supreme Court · 1897
- Connor v. City of MarshfieldWisconsin Supreme Court · 1906
- City of Milwaukee v. Milwaukee CountyWisconsin Supreme Court · 1897
- Perrigo v. City of MilwaukeeWisconsin Supreme Court · 1896
3Cited by23 opinions
- State Ex Rel. Hammermill Paper Co. v. La PlanteWisconsin Supreme Court · 1973
- State and Diver v. City of MiamiSupreme Court of Florida · 1933
- State Ex Rel. Thomson v. GiesselWisconsin Supreme Court · 1955
- Bates v. State Bridge CommissionWest Virginia Supreme Court · 1929
- State Ex Rel. Public Institutional Building Authority v. GriffithOhio Supreme Court · 1939
18 more not listed; retrieve them via the Exa API.