State v. Wisconsin Telephone Co.
Wisconsin Supreme Court
'Appeal from an order of the circuit court for Dane county: J. C. Ludwig, Judge. An action was commenced against defendant to recover $500 for an alleged violation of sec. 1791a — 1, Stats. (Supp. 1906; Laws of 1905, ch. 389), providing for a forfeiture for discriminating between localities of the same class as to telephone exchange rates. The complaint contains a statement of facts appropriate to the case.
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'Appeal from an order of the circuit court for Dane county: J. C. Ludwig, Judge. An action was commenced against defendant to recover $500 for an alleged violation of sec. 1791a — 1, Stats. (Supp. 1906; Laws of 1905, ch. 389), providing for a forfeiture for discriminating between localities of the same class as to telephone exchange rates. The complaint contains a statement of facts appropriate to the case. The answer put in issue all allegations as to the defendant’s having made any discriminating rates and raised the question of the constitutionality of the law. After issue joined,…
1Opinion of the Court
The following opinion was filed November 26,1907:
MaRshall, J.
The point is made that the order is not ap-pealable. The only ground upon which the contrary is maintained is that the order terminates a special proceeding.
If appellant’s contention be sound then there may be a great many mere proceedings in the course of an action given the character of special proceedings so that an appeal will lie from the final determination thereof, such as a motion in the action for a change of venue or for security for costs, or to strike out part of an answer or complaint for some cause, or for a…
2Cases cited4 opinions
- Noonan v. OrtonWisconsin Supreme Court · 1871
- Witter v. LyonWisconsin Supreme Court · 1874
- National Distilling Co. v. SeidelWisconsin Supreme Court · 1899
- Blossom v. LudingtonWisconsin Supreme Court · 1872
3Cited by14 opinions
- State v. Ronald KnipferWisconsin Supreme Court · 2015
- Voss v. StollWisconsin Supreme Court · 1910
- Schroeder v. Arcade Theater Co.Wisconsin Supreme Court · 1921
- Hartwig v. HarveyWisconsin Supreme Court · 1947
- Jones v. United States Fidelity & Guaranty Co.Wisconsin Supreme Court · 1932
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