City of Menasha v. Wisconsin Traction, Light, Heat & Power Co.
Wisconsin Supreme Court
"Appeal from a judgment of tbe circuit court for Winnebago county: ByeoN B. Paee, Judge. Tbe city of Menasha pursuant to sec. 1797m — 80, Stats.. 1913, brought an action in tbe circuit court to determine tím necessity of taking tbe public utility plant of tbe defendant located in tbe plaintiff city. Tbe jury found that public necessity existed for its taking and tbe court entered a judgment in accordance with tbe verdict, from which judgment tbe defendant appealed.
1Opinion of the CourtVinje, J.
Plaintiff maintains that an appeal does not' lie from tbe judgment or tbe finding of tbe jury. Sec. 1797m — 80, Stats., provides that if a municipality shall, according to law, have determined to acquire an existing plant of a public utility, it shall bring an action in tbe circuit court praying tbe court for an adjudication as to tbe necessity of" taking. Summons, complaint, and answer shall be served,, and tbe action shall stand for trial and be tried to a jury unless waived. Tbe language of this section standing alone' seems to contemplate an action that shall proceed to judgment. But…
2Cases cited1 opinion
- Clancy v. Board of Fire & Police CommissionersWisconsin Supreme Court · 1912
3Cited by4 opinions
- City of Madison v. TiedemanWisconsin Supreme Court · 1957
- Will of PattisonWisconsin Supreme Court · 1926
- Village of Bangor v. Hussa Canning & Pickle Co.Wisconsin Supreme Court · 1932
- City of Green Bay v. SaundersWisconsin Supreme Court · 1941