State ex rel. Green Bay Gas & Electric Co. v. Minahan Building Co.
Wisconsin Supreme Court
Appeau from an order of the circuit court for Brown county: S. I). HastiNgs, Circuit Judge. This is an appeal from an order sustaining a demurrer to the complaint for want of facts sufficient to constitute a cause of action.
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Appeau from an order of the circuit court for Brown county: S. I). HastiNgs, Circuit Judge. This is an appeal from an order sustaining a demurrer to the complaint for want of facts sufficient to constitute a cause of action. The complaint alleges substantially that the relator is a public utility corporation duly organized under the laws of Wisconsin and owning and-operating a gas, electric light, and power plant, having its principal office in Crean Bay, Wisconsin, and engaged in the business of furnishing gas and electric current for lighting, power, and other purposes to the city of Green…
1Opinion of the Court
The following opinion was filed November 12, 1909:
Kerwin, J.
It appears from the opinion of the trial judge sustaining the demurrer that it was sustained on the ground that the complaint does not state that the defendant is a corporation — only that it is a “pretended corporation,” — and that no other attack was made upon the complaint in the court below. The contention of the appellant here is that, since the facts are stated from which the court can determine that the defendant is a corporation, the corporate existence is sufficiently alleged to meet the calls of sec. 3205, Stats. (1898),…
2Cases cited9 opinions
- Interstate Commerce Commission v. Chicago Great Western Railway Co.Supreme Court of the United States · 1908
- State v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1908
- Eastern Wisconsin Railway & Light Co. v. HackettWisconsin Supreme Court · 1908
- State ex rel. Northern Pacific Railway Co. v. Railroad Commission of WisconsinWisconsin Supreme Court · 1909
- State ex rel. Vilter Manufacturing Co. v. Milwaukee, Burlington & Lake Geneva RailroadWisconsin Supreme Court · 1902
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3Cited by3 opinions
- State Ex Rel. First National Bank of Wisconsin Rapids v. M & I Peoples Bank of ColomaWisconsin Supreme Court · 1980
- Young v. Juneau CountyWisconsin Supreme Court · 1927
- State ex rel. Northwestern Colonization & Improvement Co. v. HullerNew Mexico Supreme Court · 1918