State ex rel. Vilter Manufacturing Co. v. Milwaukee, Burlington & Lake Geneva Railroad
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Milwaukee ■county: WarreN D. TarraNt, Circuit Judge. This is an action of quo warranto, brought in tbe name of tbe state by four owners of real property in Milwaukee for the purpose of testing tbe right of the defendant to bold and exercise a certain alleged franchise granted to it by tbe common council of tbe city of Milwaukee.
Read the full summary
Appeal from an order of tbe circuit court for Milwaukee ■county: WarreN D. TarraNt, Circuit Judge. This is an action of quo warranto, brought in tbe name of tbe state by four owners of real property in Milwaukee for the purpose of testing tbe right of the defendant to bold and exercise a certain alleged franchise granted to it by tbe common council of tbe city of Milwaukee. The complaint charged: (1) That the defendant is a railroad corporation organized under sec. 1820, Stats. 1898; (2) that the relators severally own certain pieces of real estate in said city abutting on the streets named…
1Opinion of the CourtWinslow, J.
By this action of quo warranto the relators have challenged the right of the defendant corporation to hold and exercise the privileges attempted to be conferred upon it by the common council of Milwaukee by the ordinance of which an abstract appears in the statement of facts. The relator’s claim, in brief, is this: The defendant is a commercial railroad corporation organized under sec. 1820, Stats. 1898, and is not authorized by law to operate a street railroad. The ordinance in question is in fact a street railway franchise, and can only be legally granted to a street railway *149corporation…
2Cases cited6 opinions
- State ex rel. Wisconsin Telephone Co. v. City of SheboyganWisconsin Supreme Court · 1901
- Stedman v. City of BerlinWisconsin Supreme Court · 1897
- State ex rel. Attorney General v. Portage City Water Co.Wisconsin Supreme Court · 1900
- Wright v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1897
- Attorney General v. Superior & St. Croix RailroadWisconsin Supreme Court · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State ex rel. Fullerton v. Des Moines City RailwaySupreme Court of Iowa · 1906
- Attorney General ex rel. Wolverine Fish Co. v. A. Booth & Co.Michigan Supreme Court · 1906
- City of Kenosha v. Kenosha Home Telephone Co.Wisconsin Supreme Court · 1912
- Milwaukee Light, Heat & Traction Co. v. Milwaukee-Northern Railway Co.Wisconsin Supreme Court · 1907
- State ex rel. Northwestern Colonization & Improvement Co. v. HullerNew Mexico Supreme Court · 1918
11 more not listed; retrieve them via the Exa API.