Legal Opinion

State ex rel. Kenosha Gas & Electric Co. v. Kenosha Electric Railway Co.

Wisconsin Supreme Court

Decided March 14, 1911PublishedCited by 16 opinions

Appeal from an order of tbe circuit court for Kenosba county: E. B. BeldeN, Circuit Judge. Quo warranto to oust defendant from an alleged franchise to use tbe streets of tbe city of Kenosba for distributing electric current for light, beat, and power.

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Appeal from an order of tbe circuit court for Kenosba county: E. B. BeldeN, Circuit Judge. Quo warranto to oust defendant from an alleged franchise to use tbe streets of tbe city of Kenosba for distributing electric current for light, beat, and power. Tbe complaint, by appropriate allegations, sets forth tbe corporate character of tbe parties and that tbe purposes of each, according to its articles of organization, is to generate and distribute electric current for light, beat, and power, and all- lawful purposes; and also tbe following, in substance: Relator is tbe owner of real and personal…

1Opinion of the Court

The following opinions were filed January 10, 1911:

MaRshaul, J.

The arguments of counsel seem to take a needlessly wide range. They extend to and include important matters which, it is thought, are not within the issues raised by the pleadings. However much counsel may wish to have such matters considered and decided, the court cannot well accommodate them. It is appropriate, and sometimes advisable, to decide each of several major propositions, and from each of several efficient viewpoints even where the result can as certainly be reached by the decision of a single question upon a single…

2Cases cited4 opinions

  1. State ex rel. Milwaukee Medical College v. ChittendenWisconsin Supreme Court · 1906
  2. State ex rel. Adams v. BurdgeWisconsin Supreme Court · 1897
  3. State ex rel. Minneapolis, St. Paul & Sault Ste. Marie Railway Co. v. Railroad CommissionWisconsin Supreme Court · 1908
  4. State ex rel. Ellis v. ThorneWisconsin Supreme Court · 1901

3Cited by16 opinions

  1. Calumet Service Co. v. City of ChiltonWisconsin Supreme Court · 1912
  2. City of Okmulgee v. Okmulgee Gas Co.Supreme Court of Oklahoma · 1929
  3. Winfield v. Public Service CommissionIndiana Supreme Court · 1911
  4. City of La Crosse v. La Crosse Gas & Electric Co.Wisconsin Supreme Court · 1911
  5. Union Lime Co. v. Railroad CommissionWisconsin Supreme Court · 1911

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